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

Charging Clause & S.43 WESA

Charging Clause & S.43 WESA

Re Le Gallais Estate 2017 BCSC 1699 dealt with the charging clause in a will that provided that if the lawyer who prepared and witnessed the will should act as the executrix and attend to the legal work of the estate, then she would be… Read more

Executor Remuneration and Passing of Accounts

Unsent Draft Text Message Valid Will – Australia

A court in Australia has accepted an unsent, draft text message on a dead man’s mobile phone as an official will. The 55-year-old man had composed a text message addressed to his brother, in which he gave “all that I have” to his brother and… Read more

S.58 and 59 WESA Application Ordered to Trial

S.58 and 59 WESA Application Ordered to Trial

Estate of Palmer 2017 BCSC 1430 dealt with  an application to cure defects in a will under sections 58 and 59 of WESA, but was ordered to trial rather than having been dealt with summarily by affidavits. Ms. Palmer executed a short will on August… Read more

Unwitnessed Will Valid: S.58 WESA

Unwitnessed Will Valid: S.58 WESA

Re Riguidel Estate 2017 BCSC 1667 found a signed but unwitnessed will to be valid by invoking the curative provisions of Section 58 WESA. The Facts: The people present when the deceased signed the handwritten and typed documents were the deceased, Ms. Leonard and Mr…. Read more

Section 58-59 WESA Rectification Application Referred to Trial

Section 58-59 WESA Rectification Application Referred to Trial

Estate of Palmer 2017 BCSC 1430 dealt with an application by affidavits pursuant to Sections 58 and 59 WESA to cure deficiencies in a will left by a deceased who hand wrote certain changes to a typed and properly witnessed prior will. The  Judge referred… Read more

Special Costs in S 58 WESA Application | Disinherited

Special Costs In S 58 WESA Application

Re: Hadley Estate 2017 BCCA 311 the BC Appeal court upheld the principle of costs in estate litigation where the litigation is necessary due to the conduct of the deceased, then each party will normally be entitled to have their legal fees paid for from… Read more

Rambling Journal Upheld As NOT a Valid Will

Rambling Journal Upheld As NOT a Valid Will

Re Hadley Estate 2017 BCCA 311 was upheld by the Court of appeal in finding that a rambling journal was not a will that could be “cured” by S 58 WESA. This was the first appeal court decision on Section 58 WESA. Section 58 of… Read more