When someone passes away, their will outlines how their estate should be distributed. If you’ve been named as a beneficiary, it’s imperative to understand what that means for you. Beneficiaries are typically family members, close friends, and other loved ones who have been chosen to receive some part of the deceased’s assets. In British Columbia, beneficiaries have specific rights under the Wills, Estates, and Succession Act (WESA). These include the right to receive information about the estate, to be treated fairly during the administration process, and to take legal action if necessary. Whether you’re preparing to receive an inheritance or dealing with delays or concerns, knowing your rights can help you navigate the process with clarity and confidence.
Beneficiary Rights to Information
Under WESA, beneficiaries in British Columbia are entitled to specific information regarding the estate’s administration under an executor. These rights help ensure transparency and allow beneficiaries to monitor how the executor is handling the deceased’s affairs. As a beneficiary, you have the right to:
- Be informed of your status in a will.
- Receive timely communication from the executor about the estate’s status.
- Obtain a copy of the will once the grant of probate or administration is provided.
- Request accounting documents pertaining to the inventory and valuation of the deceased’s assets and debts. This report should also include receipts, invoices, and other documentation concerning the estate’s capital, income, and expenses.
- Review and challenge the executor’s fee if you believe their fees are excessive or unjustified.
Executor vs. Beneficiary Rights
An executor is appointed to manage an estate, pay off debts, and distribute assets according to instructions left behind by the will-maker. Beneficiaries do not manage the estate, but they are entitled to transparent communication and fair treatment from the executor throughout the process. This relationship operates similarly to a checks and balances system, meaning beneficiaries also have the right to hold an executor accountable to protect the estate and their inheritance if there is evidence of mismanagement, excessive delay, refusal to act, or some other form of misconduct.
What Happens If an Executor Isn’t Communicating?
If an executor fails to provide beneficiaries with appropriate information or updates, it can cause unnecessary stress and uncertainty. As mentioned above, beneficiaries have the right to request information about the estate’s assets, debts, and estimated timeline for distribution. However, beneficiaries are not entitled to an immediate response from executors. It’s in serious cases where an executor is unresponsive or appears to be acting in bad faith that beneficiaries may apply to the court to compel disclosure from the executor or even petition to have them removed entirely.
Can a Beneficiary Challenge a Will?
Beneficiaries can contest a will or the actions of an executor under certain circumstances. A legal challenge may be possible if:
- There are concerns about undue influence.
- The will-maker lacked mental capacity when writing or amending the will.
- The will was improperly executed. This could include an executor’s lack of communication or failure to properly distribute assets according to the will-maker’s intentions.
- There are grounds for a wills variation claim, such as when the deceased’s spouse or child has not been adequately provided for.
Under WESA, any challenge must be filed within two years of the date when the beneficiary became aware of, or should reasonably have been aware of, the grounds for the claim.
How Long Does It Take to Receive an Inheritance?
The timeline for collecting an inheritance can vary depending on several factors. Everything from the size of the estate to the number of beneficiaries to outstanding debts or estate litigation disputes can impact waiting periods. Generally, estate distribution occurs somewhere between six and 12 months following the grant of probate. However, delays are not always a cause for concern. As long as the executor is acting diligently, following the will, and acting within the bounds of the law, beneficiaries should be patient. Simply put, the right to timely communication does not always guarantee immediate distribution.
Why Work With an Estate Litigation Lawyer?
Understanding your rights as a beneficiary is important. Enforcing those rights may require the guidance of an experienced estate litigation lawyer. The team at Stephens & Holman can help facilitate timely transparency, fairness, and legal recourse if problems do arise during an estate administration. If you have questions about your beneficiary rights or are facing challenges with an executor, contact our office today to discuss your situation. We’re here to advocate for your interests and help you navigate the legal process with confidence.