WESA #21- Beneficiaries and Intestate Successors Can Now Sue Estate With Leave

In estate disputes, it is often disappointed beneficiaries or the intestate successors who failed to inherit that wish to contest the estate. The personal representative of the estate, be it an executor or court appointed administrator, may refuse to initiate or defend a court action… Read more

WESA #20 When the Estate Assets are Not Sufficient

When the Estate Assets are Not Sufficient Section 50 is one of the reforms found in the WESA that results in minimizing or eliminating the historical distinctions between real and personal property. This section deals with situations where the estate is not large enough to… Read more

WESA # 18 – Gifts to Will Witnesses Can Be “Saved”

Gifts to Will Witnesses Can Be “Saved” Section 11 of the current Wills Act provides that a witness to a will, or a spouse of the witness to the will cannot receive a gift under the will, as the gift will lapse. For example currently… Read more

WESA # 17 – Marriage Will No Longer Revoke a Prior Will

Marriage Will No Longer Revoke a Prior Will For many decades now, marriage was able to revoke a prior will unless the will was made in contemplation of marriage to that future spouse. This was generally not known to the public and undoubtedly caused much hardship … Read more

WESA # 15 – Court Has Flexibility to Structure Intestate Spouse to Better Afford to Continue Living In Matrimonial Home

Court Has Flexibility to Structure Intestate Spouse to Better Afford to Continue Living In Matrimonial Home As was recently blogged, under WESA on an intestacy, the surviving intestate spouse will no longer automatically be entitled to  a life interest in the matrimonial home. Section 33… Read more

WESA #14 – Significant Changes To Intestacy, Including Spousal Share Increased

Significant Changes To Intestacy, Including Spousal Share Increased Where there are no descendants of the deceased, a spouse will still inherit the entire estate on an intestacy under WESA. There are however significant changes when there are descendants of the deceased person in addition to… Read more

WESA #13 – Definition of Spouse To Be Changed to Eliminate Two Year Limitation For Wills Variation Actions

WESA # 13 – Definition of Spouse to Be Changed To Eliminate Two Year Limitation For WVA Claims Please ignore my recent blog on the effect of WESA and the Wills Variation act. It was no sooner written than the law is about to be… Read more

WESA #12 – Bequests to Former Spouses Lapse

Deemed Lapse of Gift to Result from Triggering Event under the Family Law Act Section 16 of the current Wills Act provides that gifts to a spouse are revoked only upon an order for judicial separation, judgment for divorce, or a court decree of nullity. Under… Read more

WESA #11- Definition of Will Expanded Due to Power of Court to Cure Defects

Definition of Will : (a)    a will, (b)       a testament, (c)        a codicil, (d)       an appointment by will or by writing in the nature of a will in exercise of a power, (e)       anything ordered to be effective as a will under section 58 [court order… Read more

WESA #7 – What is WESA and the New Definition of Spouse

WESA #7 – What Is WESA and the New Definition of Spouse In one month’s time, significant changes will be introduced to the laws of Wills, Succession and Estates with several acts being repealed and rolled into one New Act called Wills, Estates , Succession… Read more

Dysfunctional Families-The Estrangement Epidemic

  There is a noted estrangement epidemic amongst dysfunctional families “Family quarrels are bitter things. They’re not like aches or wounds; they’re more like splits in the skin that won’t heal because there is not enough material.” F. Scott Fitzgerald   Estrangement is the turning… Read more

Trustee Removed For Selling Assets Below Market Value and Benefiting

Trustee Removed For Selling Assets Below Market Value and Benefiting VanKoughnett & Others v. Austin, 2006 BCSC 1856 is authority for the proposition that a trustee removed under section 30 of the Trustee Act where there is potential conflict of interest between the personal interests of… Read more

“Right to Die” Case Going to Supreme Court of Canada

As reported by the ,Vancouver Province today, The Supreme Court of Canada has agreed to review the country’s assisted suicide laws more than two decades after it rejected doctor-assisted dying for people who are terminally ill. The high court announced Thursday it will hear an… Read more

The Estate Fight Over Who Owns Sherlock Holmes Is Just the Beginning Of Ownership Battles as Copyrights Expire

Sherlock Holmes? Estate fights to maintain control of famous character as copyright protections expire. Jason Keyser, Associated Press | January 3, 2014 | Last Updated: Jan 3 6:29 PM ET More from Associated Press FotoliaWriter Leslie Klinger is challenging the Conan Doyle Estate, LTD over… Read more

The “Downside” of Presumption of Death Orders – The Fake

Police arrest ‘dead’ banker accused of losing millions of investor dollars. A south Georgia bank director accused of losing millions of investor dollars before vanishing was homeless and worked odd jobs before his arrest earlier this week, a U.S. marshal told a federal judge Thursday…. Read more