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

Daughters Expect To Inherit Like Sons

Daughters expect the same inheritances as sons and if they do not receive an adequate and just share, they have the right to claim for a wills variation under Section 60 WESA.   I was contacted by a Notary today enquiring if it was permissible for… Read more

Removal of a Notice of Intention to Dispute Under WESA

Re Richardson Estate 2014 BCSC 2162 also dealt with the new WESA rules relating to the removal of a Notice of Intention to Dispute ( the former probate caveat), finding that the test is whether it is in the best interests of the estate to… Read more

Testator’s Writing “Void” on Will Revoked It- Manitoba

The Effects of the Word “Void” on Will A Manitoba case Roelofs Estate, Re 2004 MBQB 280 discusses the legal effect of a testator writing the word VOID on his will, and the Court’s finding that the curative effect of their legislation applied not only… Read more

Manitoba Case Law Is Guide to WESA

It is clear that Manitoba Case Law Re WESA Directs the Court to Determine the Testator’s fixed and final intention re the Contents of  the Will, as was discussed in  Prefontaine v. Arbuthnott 2001 MBQB45. The Prefontaine case may well give assistance  to BC lawyers seeking… Read more

What are “Testamentary Intentions” Under WESA

Yesterdays blog relating to the use of Manitoba case law in the case George v. Daily 1997  3 WWR 379 is continued in today’s blog which examines what is required in the nature of “testamentary intentions” for the court to remedy an otherwise imperfect will…. Read more

WESA Looks to Manitoba Law re Curing Defects in Wills

Sections 58 and 59 of WESA are designed to allow the Courts the power of curing defects in wills and thus allow the will to become valid despite the technical defect, so as to give greater impact towards what the will maker intended.   These types… Read more

What Happens When You Die Without a Will ( Intestate) After April ,1,2014

When happens when you die without a will under WESA, which came into effect on April 1, 2014? The distribution scheme under WESA for deaths after March 31, 2014 are very different than they were previously under the Estate Administration Act.   Under WESA the… Read more