S.58 WESA – Is it a Will?
Fixing a Will in BC-Digital Will Cured Under S. 58 WESA
Trevor Todd and Jackson Todd have over sixty years combined experience in estate litigation including ” fixing or curing” wills that fall short of proper execution procedures in icluding the
Extrinsic Evidence Admissible To Determine Intention in S. 58 WESA
In Re Hadley Estate 2017 BCCA 311the Court of Appeal underscored the importance of evidence, including extrinsic evidence to determine testamentary intention in S.58 WESA applications to remedy a defective
Court Analysis of S. 58 WESA Application to Cure Defective “Will”
Henderson v Myler 2021 BCSC 1649 refused to invoke S. 58 WESA to “ cure” an unsigned note found with the deceased’s will that purported to alter the will’s bequests
S. 58 WESA Criteria For “Curing” A Defective Will
Re Clarke Estate 2023 BCSC 103 is the latest in many S. 58 WESA applications where the court has “cured” a defective will once satisfied that the document is authentic
Medical Records Admissibility and the Remoteness of Time
Re Gibb estate 2021 BCSC 2461 involved inter alia the admissibility of medical records in S. 58 WESA application to remedy a will that a lawyer prepared, reviewed by telephone
S.58 WESA Allows Extrinsic Evidence Re Intention
Re Chou 2022 BCSC 783 reviewed the test to be applied in determining whether a S 58 WESA order should be made to remedy a defective will and that extrinsic
S. 58 WESA- Curing A Defective Will
Henderson v Myler 2021 BCSC 1649 is another case dealing with the curative powers of S. 58 WESA to fix a will that otherwise would not be valid due to
Hand Written Alterations to a Will Approved – S. 59 WESA
In an unopposed hearing Re Jamt Estate 2021 BCSC 788 the court approved hand written alterations to a will pursuant to S. 59 (1) (a) WESA. The deceased had fully
S. 58 WESA Refused
The curative provisions of section 58 WESA were declined in De Bon estate 2021 BCSC 505 Van where the court refused to vary a January 2012 will that the deceased
Electronic Wills and S. 58 WESA
Much of the legal profession and general public do not realize that the age of electronic/digital wills is already upon us as per WESA. Section 58 (1) WESA reads as