Executor/Trustee Removed For Conflict of Interest

An executor/trustee must act impartially and in the interests of all beneficiaries, or stands the risk of removal for conflict of interest. This is what occurred in Browne v Brown Estate 2014 BCSC 656   There are a number of other detailed blogs on this… Read more

Beneficiaries Must Now Outlive the Deceased By 5 Days to Inherit Under WESA

As recently reported, a husband and wife who died within 15 hours of each other after 70 years of marriage, would under the laws of WESA, not inherit from the other, as there is now a requirement that the beneficiary MUST survive the deceased for… Read more

What the Court Needs to Know to Win a Wills Variation Action

S 60 of WESA allows the court to exercise its discretion re the claims of spouses and children against the assets of a deceased’s estate, on the basis that they were not adequately provided for in the estate.   The right to bring a Wills… Read more

Wills Variation Act Not Affected By WESA

The original plan for WESA was to restrict the right of an independent adult child to bring a claim against his or her parents estate on the basis that he or she will was not adequately provided for. A great deal of discussion took place… Read more

WESA# 37- S. 25 Allows For Removal of Executor

One of the most common complaints of estate litigants is the role, choice or behavior of the executor chosen by the deceased. The Courts are reluctant to remove an executor without valid reasons. For further in depth discussion of removal of executors, trustees ( personal… Read more

WESA #34- S. 2 Definition of Spouse Still Unclear

I was recently asked to write an article on the effect of WESA on the Wills Variation act for the Canadian Bar Association. There in fact are very few changes under WESA relating to the WVA, other than what the original definition of spouse had… Read more

Trevor Todd to Chair and Speak at WESA Conference June 6

The WESA conference: Everything a trial lawyer needs to know about the Wills, Estates and Succession Act. Opening Comments R. TREVOR TODD, Disinherited.com, Vancouver View From a Very Knowledgeable Bench THE HON. MADAME JUSTICE SANDRA BALLANCE, Supreme Court of BC, Vancouver THE HON. MADAME JUSTICE… Read more

WESA #33 – It Starts Tomorrow – The Transition Rules

RULE 25-16—TRANSITION Rules 61 and 62 which had been around for at least three decades are now repealed and replaced with Rule 25-16 The Transitional Provisions, Repeals and Consequential and Related Provisions are set out in Sections 185-190 of WESA Definition (1) In this rule,… Read more

WESA #31- Definitions Under The Act

Definitions Under The Act PART I —DEFINITIONS AND INTERPRETATION I (I) In this Act: “beneficiary” means (a) a person named in a will to receive all or part of an estate, or (b) a person having a beneficial interest in a trust created by a… Read more

WESA #30 – Powers of Subpoenas for Testamentary Documents Increased

Powers of Subpoenas for Testamentary Documents Increased New Rule 25- 12 of WESA greatly expands the subpoena process in obtaining testamentary documents and grants. Rule 25-12 (1) allows a person to apply for a subpoena to require a person to deliver to the registry a… Read more

WESA #28 – Notices of Dispute Replace Caveats

Up to the introduction of WESA on March 31 next, a disputant of an estate could file a caveat which was good for six months, and which could be renewed as many times as necessary for a further six months at a time. Rule 25-10… Read more

WESA #25 – Definition of Will Expanded

Definition of Will Expanded Under WESA the definition of will is expanded to include the will itself, a testament, a codicil, an appointment by will or writing in the nature of a will in exercise of a power, and under s 58, anything ordered by… Read more

WESA #24 – Distribution to Descendants

A descendant under WESA is defined in S 1 (1) as all of lineal descendants through all generations. It in effect replaces the word “issue” that in S 85 of the Estate Administration Act had been defined as ” all lineal descendants of the ancestor”…. Read more

WESA #23 – Distribution of Estate Assets

Distribution of Estate Assets S155 (1) is similar to the six-month provision that had been in section 12 of the Wills Variation act, except for the fact that it is now being changed from six months to 210 days that assets of the estate cannot… Read more

WESA # 22 – PRIORITY RANKING OF POTENTIAL ADMINISTRATORS

PRIORITY RANKING OF POTENTIAL ADMINISTRATORS This is a brand new provision to WESA. The spouse has priority but may also nominate someone else , be it a child of the marriage or a financial institution, and that appointed party will have the same priority to… Read more