Revocation of Wills Post WESA

Revocation of Wills Post WESA

The introduction of the Wills Estates and Succession act (WESA) on March 31,2014 made a few  significant changes to the law relating to the revocation of wills. Probably the most significant change was that marriage after the execution of a will no longer revokes a… Read more

Can An Unwitnessed Will be Valid?

Unwitnessed Will Valid

Section 58 WESA was once again successfully used in Re Litke Estate 2017 BCSC 1079 to find a hand written unwitnessed signed “will-like” document to be a valid will. Such documents are now routinely found valid by the courts if certain criteria are met. The… Read more

Understanding Testamentary Documents

A testamentary document is like a will because the will is the most common form of that type of document. A will is a document that has its vigor and effect upon a death. In other words, a will is an invalid document until a… Read more

How to Keep Wills Variation Out of BC Court

This video is about how to keep wills variation out of court which is basically what most testators want to do at the end of the day. The video and article is a very in-depth review of what the requirements are with respect to executing… Read more

Common Law Marriage or Mere Housemates?

This video is about whether or not you live in a common law relationship. As you know, many couples have for some time now lived in common law relationships without the sanctity of a marriage certificate. For many of those years, they were legally unprotected… Read more

Understanding the Wills Variation Act in British Columbia

A tribute to Wills Variation Act that we have here in British Columbia, Canada. We’ve had this act for approximately 90 years and we obtained it from New Zealand. It allows certain types of classes of people to contest a will if they have been… Read more

The Basics of the Wills Variation Act

This video is about the basics of the Wills Variation Act in British Columbia, Canada. The Wills Variation Act only applies to this province so people from elsewhere must realize that we can only contest wills in this province where the assets are in this… Read more

Mr. Attorney – Don’t Change the Wills Variation Act

The Wills Variation Act was written in approximately 2007 after the government of British Columbia the year prior announced that they intended to make slipping changes to wills and succession legislation in British Columbia. The overriding change was to change the Wills Variation Act provision… Read more

Wills Variation: 84 Year Old Second Spouse With Dementia

Wills Variation: 84 Year Old Second Spouse With Dementia

Philp v.  Philp Estate 2017 BCSC 625 in a wills variation claim awarded an 84 year old second spouse with dementia $300,ooo from an estate of $660,000 after a 35 year marriage. The widower was a retired doctor who had contributed substantial sums of his… Read more

Conflict of Law: "Ordinarily Resident"

Conflict of Law: “Ordinarily Resident”

Cresswell v Cresswell Estate 2017 BCSC 178 dealt with a conflict of law situation and held that the jurisdiction of the BC court should be denied for a wills variation action and held that it should properly be filed under Alberta court jurisdiction as the… Read more

Anti-Ademption Under S 48 WESA

Anti-Ademption Under S 48 WESA

Forbes v Millard Estate 2017 BCSC 361 discusses and gives effect to S. 48 WESA , known as the anti-ademption provision, when property is disposed of by a nominee such as a power of attorney prior to death that under common law the bequest would… Read more

Wills Variance and the Estranged Child

Wills Variance and the Estranged Child

J.R.v J.D.M. 2016 BCSC 2265 discusses in great detail the law and related facts of the case in a wills variance case brought by the  estranged child of the deceased. No explanation was left by the deceased for the disinheritance other than the notaries notes that he… Read more

Wills Variation: Court Criteria Between Disinherited Adult Children and Second Spouses

Wills Variation: Court Criteria Between Disinherited Adult Children and Second Spouses

R. (J.) v M. (JD) 2016 BCSC 2265 summarized the court criteria will consider when deciding the competing moral claim of a disinherited  adult independent child  and a second spouse who inherited  the entire estate. The adult child had been disinherited and had been estranged from… Read more

Severance of Court Actions Upheld On Appeal

Severance of Court Actions Upheld On Appeal

The Court of Appeal in Johnston v Johnston Estate 2017 BCCA 59 upheld the trial decision found at 2016 BCSC 1388 where an action seeking that a will was invalid, or alternatively if it was valid it should be varied under the wills variation provisions… Read more

"Adopted Out" Child Cannot Contest Biological Parent's Estate Under Wills Variation

“Adopted Out” Child Cannot Contest Biological Parent’s Estate Under Wills Variation

Boer v Mikaloff Estate 2017 BCSC 21 confirmed that an “adopted out” child cannot contest the will of the biological parent’s estate under S.60 WESA (the wills variation provision) when it answered the following posed question negatively: Does a child who is adopted by other… Read more