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


Under s. 52 of the WESA Legislation , the onus of disproving undue influence has shifted to the person who has received the gift under the will where a position of domination and dependence exists between the will maker and the beneficiary. Prior to the… Read more

An Overview of WESA

New Estate Laws of British Columbia as of April 1, 2014 (WESA) After over 30 years of planning, the estate laws of British Columbia have received a recent major overhaul in a new statute called the Wills, Estates and Succession Act (WESA). It replaced and… Read more

Marriage No Longer Revokes a Will Under WESA

Revocation of a Will before Part 4 of the WESA came  into force on April 1.14, is not revived by virtue of Part 4 coming into force (s. 186(3)). This exception is of particular importance if the will-maker marries after making a will. As the… Read more

WESA# 37- S. 25 Allows For Removal of Executor

One of the most common complaints of estate litigants is the role, choice or behavior of the executor chosen by the deceased. The Courts are reluctant to remove an executor without valid reasons. For further in depth discussion of removal of executors, trustees ( personal… Read more

Vancouver Sun Quotes Trevor Todd re WESA

Ian Mulgrew: WESA, new wills and estates law brings sweeping change to B.C. Aims to provide greater certainty and simplify process for those distributing an estate The Wills, Estates and Succession Act (WESA) passed by the B.C. legislature on Sept. 24, 2009 finally comes into force… Read more

WESA #34- S. 2 Definition of Spouse Still Unclear

I was recently asked to write an article on the effect of WESA on the Wills Variation act for the Canadian Bar Association. There in fact are very few changes under WESA relating to the WVA, other than what the original definition of spouse had… Read more

WESA #33 – It Starts Tomorrow – The Transition Rules

RULE 25-16—TRANSITION Rules 61 and 62 which had been around for at least three decades are now repealed and replaced with Rule 25-16 The Transitional Provisions, Repeals and Consequential and Related Provisions are set out in Sections 185-190 of WESA Definition (1) In this rule,… Read more

WESA Definitions Under the Probate Rules

  There are so many new terms used in both the WESA Act and its Probate Rules ( 25-1) . Perhaps more importantly, the definitions used in both the Act and the Rules often give rights and powers in and to them selves, such as… Read more