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

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 to… 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

Wills Made In Another Country Easier to Prove Under WESA

Wills validly made in foreign countries will be easier to prove under WESA S.80 The criteria are reasonable and not onerous to meet. Validity of wills made in accordance with other laws 80  (1) A will is valid as to the formal requirements for making the will and… Read more

Suicide Note Found to Be Valid Will Under S 58 WESA

S 58 WESA and Suicide Note Found to be Will In an uncontested application Re the Estate of David Woolrich, deceased Vancouver Registry V140043 ( unreported dated January 21,2015, ), Justice Russell approved a short 4 page hand printed suicide note of the deceased as… Read more

Marriage Like Relationship Despite Two Residences

Marriage Like Relationship Despite Two Residences   Re Richardson 2014 BCSC 2162 is becoming one of a number of cases that have now found couples to be living in a marriage like relationship despite having two residences.   The FACTS The Deceased died in 2014,… Read more