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Tuesday, July 8, 2025

Justice and the Probate

Justice must not only be done, but must also be seen to be done.

The law says that due process and accountability matter.  But in my case, the probate system did not work; it wasn't intuitive.  There seems to be two routes: one the legislature piecemeals together and the other what the lawyers do. Unfortunately, in BC, lawyers have to do probate at a great disservice to the public.  It is like a deep hole with cascading footnotes.  There are nuances and then there are more nuances.  For example, the law says where there is no will and only siblings surviving, the majority decides who should be the administrator.  It does not say the majority has to chose the best qualified so it becomes a popularity contest which is not the intent of the legislation. It is implicit that the beneficiaries should choose the best qualified.  But what happens if they don't.  It can be the one who has a grade 3 education and for whom an attorney can manipulate that might be.  Lawyers need clients, and it is best that they have clients who lack knowledge. If a lawyer makes a mistake who would know.  And lawyers make mistakes often.  Ask any person who served as an executor what a fiduciary is, and they would not know.  


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