Simultaneous Deaths and Survivorship | Disinherited Estate Litigation

Simultaneous Deaths and Survivorship

The law relating to simultaneous deaths and survivorship is set out in section 5 WESA. If two or more persons die at the same time or in circumstances that make it uncertain which of them survive the other or others, unless a contrary intention appears… Read more

Faith healer Oral Roberts preaching, praying and laying hands on the sick in his prayer line at evening services.  (Photo by Francis Miller//Time Life Pictures/Getty Images)

S.58 WESA Refused to Cure Defective Will

Poulk Estate 2018 BCSC 1321 is a good review of the law relating to section 58 of WESA and after a review of the facts and law, found that the said curative provisions of section 58 could not be applied. The deceased was admitted to… Read more

S.151 WESA: Leave to Commence a Court Action on Behalf of Executor

S.151 WESA: Leave to Commence a Court Action on Behalf of the Executor

Re Gordon Estate 2018 BCSC 487 is a decision that granted leave under section 151 of WESA for the residual beneficiary, the University of British Columbia, to commence an action in the name and on behalf of the executor of the estate of the deceased…. Read more

S.46 WESA: Priorities of Distribution When Gifts Fail | Disinherited

S.46 WESA: Priorities of Distribution When Gifts Fail

Terezakis Estate 2018 BCSC 805 discusses section 46 of WESA relating to an interpretation of the residue of a will that dealt with its interpretation with respect to two of five children who had predeceased the will maker. The two children who had predeceased the… Read more

Admissible Extrinsic Evidence in S. 58 WESA Applications | Disinherited

Admissible Extrinsic Evidence In S. 58 WESA Applications

Admissible extrinsic evidence in S 58 WESA applications to “ cure” defective wills was discussed in Re Mace Estate 2018 BCSC 1284. In short, the ordinary rules of admissibility apply. Ordinarily, evidence must be relevant to a live issue and not be subject to exclusion… Read more

S. 58 WESA Refused to Cure Unsigned Will | Disinherited Vancouver

S. 58 WESA Refused to Cure Unsigned Will

In Poulk Estate 2018 BCSC 1321 the court declined to “cure” and last unsigned will and testament under the provisions of section 58 WESA. The case does not stand for the proposition that under WESA and unsigned will cannot be cured under section 58. It… Read more

Court Ordered Interim Distribution in Wills Variation Claims

Court Ordered Interim Distribution in Wills Variation Claims

There is both court authority and statutory authority allowing the court to exercise its discretion to release a part of the testator’s estate as an interim distribution in a wills variation action. Section 66 WESA allows the court the power to release a part of… Read more

S.58 WESA Does Not Apply to Wills With "Pour Over" Revocable Trusts

S.58 WESA Does Not Apply to Wills With “Pour Over” Revocable Trusts

Re Quinn Estate 2018 BCSC 365 held that the curative provisions of section 58 WESA did not apply to a will, with a ”pour over” clause that created revocable and amendable trusts. Mr. Quinn was a well know when general manager in the National Hockey… Read more

S. 52 WESA and Rebutting the Presumption of Undue Influence In Wills

S. 52 WESA and Rebutting the Presumption of Undue Influence

Ali v Walters Estate 2018 BCSC 1032 reviews the law relating to rebutting the presumption of undue influence in regard to a will as dealt with in S.52 of WESA that creates such a presumption and specifies who bears the burden of proof. S 52… Read more

Divorcee Lacks Standing to Contest Deceased Former Husband's Will

Divorcee Lacks Standing to Contest Deceased Former Husband’s Will

In Carswell v Engle Estate 2018 BCCA 164 the Court of Appeal confirmed that a divorced widow did not have legal standing to apply to vary her former deceased spouse’s will and challenge its validity. The court held that she was clearly not a spouse… Read more

Do Adopted Out Children Have Claim to Birth Family Inheritance?

Do Adopted Out Children Have Claim to Birth Family Inheritance?

In British Columbia a child who has been adopted out to another family has no claim on his or her pre-adoption family in the event of an intestacy or under the wills variation provisions of section 60 WESA. And adoption has been held by various… Read more

Wills Variation (S 60 WESA) and the Second Spouse

Will Variation (S 60 WESA) and the Second Spouse

In Unger v Unger Estate 2017 BCSC 1946 the court considered the legal and moral claims of a long time second spouse against the estate of her late husband who did not provide for her in his will. The plaintiff Mr. Unger aged 80 was… Read more

Unsent Text Message Valid Will In Australia

Unsent Text Message Valid Will In Australia

A court in Australia in Nichol v Nichol (2017) QSC 220 determined that a non-sent text message on a mobile phone from the deceased Mark Nichol, leaving everything to his brother and nephew was valid as his last will. The will, excluded Mark’s wife and… Read more

Unsigned and Undated Will Valid (S.58 WESA)

Unsigned and Undated Will Valid (S.58 WESA)

An unsigned will was found to be valid under section 58 WESA as representing the deceased persons fixed and final testamentary intentions that varied an earlier will in the decision Skopyk Estate 2017 BCSC 2335. The application to cure the will, under the provisions of… Read more

Safeguard Your Original Will

Safeguard Your Original Will

It is important to safeguard ones originally signed the will as a presumption of revocation may arise if the original is lost that may result in expensive litigation with an uncertain outcome. Historically lawyers wanted to and did keep their client’s original wills, both as… Read more