Defective Will “Cured” S. 58 WESA

S. 58 of WESA ( Wills, Succession and Estates act) once again came to play to cure an otherwise  defective will in Re Smith Estate 2016 BCSC 350. Once again the leading case in BC to date  of re Young estate 2015 BCSC 182 was followed… Read more

WESA Will Framework

The statutory framework of WESA ( Estates, Succession and Wills act) was set out in British Columbia v Sheaffer 2015 BCSC 1306 where the court held that an improperly executed  will  prior to the enactment of WESA on March 31, 2014 could not be rectified by the… Read more

S. 151 WESA – Beneficiary Can Sue On Behalf of Estate

Werner v McLean Estate is one of the first decisions under WESA to allow an intestate successor beneficiary to commence a court action  in the name and on behalf of the personal representative of the estate if certain preconditions (i.e., reasonable efforts, notice, and good faith)… Read more

Will Witnesses No Longer Required

WILL WITNESSES NO LONGER REQUIRED   For my first 40 years of practice, and for time immemorial before , there were strict requirements for the execution of a will – a failure thereof could result in an invalid or partially invalid will. That all changed… Read more

Percentage Awards In Wills Variation Claims Favoured

The Courts prefer to use percentage awards in wills variation claims rather than specific sums. One of the major reason is the fluctuation in value of  some assets over time.   The recent dramatic rise in lower mainland property values has presented a mild dilemma… Read more

Infants Win Entire Estate

Heatherfield (Litigation Guardian) v Heatherfield 2015 BCSC 505 varies a will from his ex spouse to  entirely in favour of infant children under the Wills Variation act which is now incorporated into the provisions of WESA ( Wills Estate and Succession act).   Heatherfield is… Read more

Interlineations On Will and Wills Variation Act (WESA)

Interlineations Many will makers write proposed changes on their will after its execution in the mistaken belief that these interlineations are legally binding, but they are not. ( The Wills Variation act is now contained within WESA, the Wills Estates and Succession act) Heatherfeld v Heatherfield… Read more

S132 WESA Court Appointed Administrator

Re Godby Estate 2015 BCSC 1809 Involves the court appointment of an estate administrator pursuant to s 132 WESA.   Estate property was under foreclosure and the majority of beneficiaries wanted Solus Trust to be appointed as court administrator of the estate.   132 of… Read more

WESA – Unwitnessed Codicil Found Valid

In re Beck Estate 2015 BCSC 676 an unwitnessed codicil was found to be a valid will under the curative provisions of s 58 of WESA ( Wills, Estates and Succession act)   A week prior to the testator’s death she gave the  executor his… Read more

WESA – Scrap Paper Notes Not a Will

Re Lane 2015 BCSC 2162 held that none of  seven handwritten notes made between April 14, 2012 and January 9, 2015 represented the intention of the deceased to alter her Last Will and Testament dated July 12, 1994 and could not be cured under s 58 of WESA,… Read more

WESA Will Lead to More Contested – Homemade Wills

After 42 years of practicing law in  the estate area I am  well aware of the reluctance  on the public  to pay a lawyer’s hourly rate to prepare what they invariably regard is a “simple” will. (Every lawyer  should know there is no such thing… Read more

WESA – 3 Unwitnessed Documents Found to Be a Will

Unwitnessed Documents Found to Be a Will In Re Yaremkewich 2015 BCSC 1124 , the deceased left three documents in one envelope that appeared to be testamentary in nature, but did not comply with formal execution requirements of the Wills Estates and Succession act (WESA),… Read more

WESA Transition

Public Guardian and Trustee v Sheaffer 2015 BCSC 1306 discusses the WESA transition importance of March 31, 2014 in the WESA  legislation known as the  Wills, Estates and Succession act .   A lay person brought an action that an unsigned will dated prior to… Read more

Improperly Witnessed Will Cured Under s.58 WESA

Yaremkewich Estate Re 2015 BCSC 1124 is another in a series of largely uncontested applications to cure defects such as improperly witnessed wills under section 58 of WESA, that the court has allowed. While the matter was uncontested, the Justice  gave very detailed reasons for… Read more

Deceased Beneficiary May Claim Wills Variation (WESA)

A Wills Variation Action  ( S. 60 WESA) may Be commenced even after death of Disappointed Beneficiary by his or her personal representative as per Currie Estate v Bowen ( 1989) 35 BCLR (2d) 46. In that case the husband died six weeks before his… Read more