Next Steps to Take After the Death

Legally, only the executor appointed under the will or administrator appointed by the court has the right to deal with the assets and property of the person who has died. An executor must get a grant of probate of the will from the court to confirm his or her authority.

If your family member died without a will, a person seeking to be appointed as administrator must apply to the court for a grant of administration before he or she has the authority to deal with the assets.

If you are the executor or the person seeking to be the administrator, excellent information is available about what you need to do.

• Self-Counsel Press publication, British Columbia Probate Kit.
• People’s Law School, Being an Executor, Power of Attorney, and Writing a Will booklets.
• Nidus Personal Planning Resource Centre and Registry website www.nidus.ca.

If you cannot find the person's will, you can check with his or her Notary Public or lawyer. You can also do a wills search through Vital Statistics or your local Government Agent. Fee for service applies and subject to change.

You need the following information to perform a wills search.

• Date and place of death
• Place and date of birth
• Full legal name and all alias names
• Occupation, if not retired

If an executor is not involved or if you are the executor, you may want to secure the assets. Make sure the following valuables are safe.

• Will or copies of the will
• Wallet, purse or briefcase
• Social insurance card, medical card, driver’s license, etc.
• Credit cards, bank statements
• Utilities statements
• Life or property insurance policies
• Income tax papers

You also may need to do the following: Make sure the deceased’s motor vehicle is locked in a safe place. Retain the keys and any valuable contents to hand over the executor. Retain access to the deceased’s residence to take care of pets, make sure appliances are off.

Usually the executor or administrator will send a change of address to Canada Post so that the deceased’s mail goes to the executor’s address while he or she is dealing with the person’s estate. It is the responsibility of the executor or administrator to notify institutions and cancel credit cards, club memberships, magazine subscriptions, etc.

Note: This booklet is not intended to explain the process for obtaining a grant of probate or an appointment of an administrator or the process for the distribution of the deceased’s assets.

What do I need to know about benefits for survivors?

The following is a general overview for your information. Many of the tasks involved will be completed by the executor or administrator.

If you had a joint account with right of survivorship, you can withdraw the whole amount from the account at any time. If you encounter difficulties, speak to the bank manager. Once you have the Death Certificate, you can have the account transferred to your name alone.

If the accounts were in the deceased’s name alone, notify the bank. Banks may release small amounts of money to the survivor before the estate is settled, but they are not required to do so. They will pay funeral expenses directly if presented with the bill. They will not reimburse a person who has paid the funeral home directly until the estate is settled.

Money left to the designated beneficiary in insurance policies, pension funds, and RRSPs passes outside the Will. If you are the designated beneficiary, contact the relevant institutions to learn what documents they need.

If your spouse was receiving a government or private pension, you may be entitled to a portion of the pension as the surviving spouse. Check with each agency.

Was your deceased family member a veteran, member of a union, or receiving a pension from another country? If so, there may be pension benefits for survivors. For pensions, the estate or the survivor is entitled to keep the cheques issued in the month of your deceased family member’s death.

Note: This applies to you if you are a dependent child of a parent who has died.

The death benefit is payable to the estate or survivor if the family member paid into the Canada Pension Plan (CCP).

CPP survivor benefits may be payable if the deceased is your spouse and you are under 60 or if you are a surviving child under 18 years of age or between the ages of 18 and 25 if attending school full-time.

If the deceased was still employed, benefits may be available. Death benefits payable by labour unions vary. They may be payable to the next-of-kin or the estate. The union office will have the information.

If the death was due to a work-related, benefits may be available from Workers’ Compensation.

If the death was due to a car accident, benefits are available from ICBC. Also, the deceased’s family members may bring a legal action for compensation if the accident were the fault of another.

If the death was a result of a crime, assistance and benefits may be available to survivors from the Crime Victim Assistance Program.

What do I need to know about re-arranging my own legal affairs?

In time, you may wish to change your will if the death of your deceased family member means your old will is out of date.

It may be appropriate to review your arrangements for future planning, such as Power of Attorney, Enduring Power of Attorney, Advance Health Care Directive, or Representation Agreement.

If you have lost your partner, you may need financial advice or help with reorganizing your banking arrangements. Talk to your bank or credit union.

The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will."

Something which can be owned. See "chattels" and "real property."

The process of checking the validity of a will, distributing a dead person’s estate, and settling their debts according to the instructions set out in that person's will. See "estate" and "will."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

A name by which people know you other than your legal name, such as Vanilla Ice if your legal name is Robert Matthew Van Winkle. Aliases are not illegal in British Columbia.

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.

A bank account owned by more than one person, normally with an equal entitlement to deposit or withdraw, with or without the consent of the other account holders.

In law, (1) a lawyer's bill to their client or a statement, or (2) a person's recollection of events.

In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."

In law, (1) a piece of draft legislation presented to the legislature for its approval,or (2) a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."

(1) A person for whom a trustee holds a trust, or (2) the recipient or intended recipient of property given in a will. See "heir" and "trust."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

In law, an order of a court cancelling or changing an earlier order of the court. See "order."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."