Discuss whether or not you agree with the government probate fee structure.

How does it
work?
The probate fee framework in British Columbia (BC) mirrors the worth of the estate undergoing
probate, crafted to reflect the estate's total value somewhat. This explanation, devoid of personal
viewpoints, draws upon the procedural insights and foundational principles from documents such
as the "G-1 Will Procedure BC Practice Checklist," among other session materials.

The probate fees in BC follow a progressive system, where the fees increase with the estate's
value. This design aims to distribute the financial burden more equitably. These fees are intended
to cover administrative expenses incurred during probate, which include validating the will,
appointing an executor, and overseeing the estate's asset distribution. However, this structure can
also impose a significant financial burden on estates, especially those with high values,
potentially impacting the inheritance beneficiaries receive.

The probate fee structure in BC is a subject of ongoing debates, particularly regarding its fairness
and adequacy in covering estate administration costs. Advocates argue that these fees are
essential for maintaining the legal framework, ensuring estates are managed and disbursed in
accordance with legal requirements. On the other hand, critics may view these charges as
excessively burdensome, especially for larger estates or those with predominantly illiquid assets.
This ongoing discourse underscores the dynamic nature of this topic.

It's pertinent to also recognize the wider estate planning and administration landscape within
BC's legal milieu, guided by the Wills, Estates, and Succession Act (WESA). This legislation,
alongside associated regulations, furnishes a thorough backdrop for dissecting the probate
process, including fee structures and other obligations.

In summation, the probate fee strategy in BC, though anchored in specific objectives, exhibits
varied impacts based on individual estate contexts. It embodies a critical element of the
province's judicial system in estate planning and management, attempting to balance
administrative exigencies and beneficiary interests.
Why should a lawyer or law clerk be familiar with old forms of terminology such as
“probate,” “administration,” “executor,” and “administratrix?