Simultaneous Deaths and Survivorship | Disinherited Estate Litigation

Simultaneous Deaths and Survivorship

The law relating to simultaneous deaths and survivorship is set out in section 5 WESA. If two or more persons die at the same time or in circumstances that make it uncertain which of them survive the other or others, unless a contrary intention appears… Read more

Wills Variation Explained | Disinherited

Wills Variation Explained

JR v JDM 2016 BCSC 2265 explained the criteria in assessing a wills variation claim. [81] The key provision of the WVA is s. 2 ( now Section 60 WESA) . That section provides that if, in the Court’s opinion, a will fails to make… Read more

Faith healer Oral Roberts preaching, praying and laying hands on the sick in his prayer line at evening services.  (Photo by Francis Miller//Time Life Pictures/Getty Images)

S.58 WESA Refused to Cure Defective Will

Poulk Estate 2018 BCSC 1321 is a good review of the law relating to section 58 of WESA and after a review of the facts and law, found that the said curative provisions of section 58 could not be applied. The deceased was admitted to… Read more

S.151 WESA: Leave to Commence a Court Action on Behalf of Executor

S.151 WESA: Leave to Commence a Court Action on Behalf of the Executor

Re Gordon Estate 2018 BCSC 487 is a decision that granted leave under section 151 of WESA for the residual beneficiary, the University of British Columbia, to commence an action in the name and on behalf of the executor of the estate of the deceased…. Read more

S.46 WESA: Priorities of Distribution When Gifts Fail | Disinherited

S.46 WESA: Priorities of Distribution When Gifts Fail

Terezakis Estate 2018 BCSC 805 discusses section 46 of WESA relating to an interpretation of the residue of a will that dealt with its interpretation with respect to two of five children who had predeceased the will maker. The two children who had predeceased the… Read more

Admissible Extrinsic Evidence in S. 58 WESA Applications | Disinherited

Admissible Extrinsic Evidence In S. 58 WESA Applications

Admissible extrinsic evidence in S 58 WESA applications to “ cure” defective wills was discussed in Re Mace Estate 2018 BCSC 1284. In short, the ordinary rules of admissibility apply. Ordinarily, evidence must be relevant to a live issue and not be subject to exclusion… Read more

25 Tips for Drafting a Will | Disinherited Estate Litigation Vancouver

25 Will Drafting Tips

1. Take your time. Be cautious. Seriously consider charging your actual time on a Wills file. If your client objects, then educate the client about the amount of time needed to prepare a Will so as to ensure that the client’s lifetime accumulated wealth will… Read more

Executor/Trustee Removal: The Law Summarized

Executor/Trustee Removal: The Law Summarized

1. Feeney’s The Canadian Law of Wills, 4th ed. (Markham: LexisNexis, 2000) at 8.17 states: An executor has a duty to settle the affairs of the estate and to distribute in accordance with the terms of the Will. A power granted to an executor exists… Read more

Wills Variation (S 60 WESA) and the Second Spouse

Will Variation (S 60 WESA) and the Second Spouse

In Unger v Unger Estate 2017 BCSC 1946 the court considered the legal and moral claims of a long time second spouse against the estate of her late husband who did not provide for her in his will. The plaintiff Mr. Unger aged 80 was… Read more

Executor Remuneration and Passing of Accounts

Unsent Draft Text Message Valid Will – Australia

A court in Australia has accepted an unsent, draft text message on a dead man’s mobile phone as an official will. The 55-year-old man had composed a text message addressed to his brother, in which he gave “all that I have” to his brother and… Read more

S.58 and 59 WESA Application Ordered to Trial

S.58 and 59 WESA Application Ordered to Trial

Estate of Palmer 2017 BCSC 1430 dealt with  an application to cure defects in a will under sections 58 and 59 of WESA, but was ordered to trial rather than having been dealt with summarily by affidavits. Ms. Palmer executed a short will on August… Read more

Unwitnessed Will Valid: S.58 WESA

Unwitnessed Will Valid: S.58 WESA

Re Riguidel Estate 2017 BCSC 1667 found a signed but unwitnessed will to be valid by invoking the curative provisions of Section 58 WESA. The Facts: The people present when the deceased signed the handwritten and typed documents were the deceased, Ms. Leonard and Mr…. Read more

Section 58-59 WESA Rectification Application Referred to Trial

Section 58-59 WESA Rectification Application Referred to Trial

Estate of Palmer 2017 BCSC 1430 dealt with an application by affidavits pursuant to Sections 58 and 59 WESA to cure deficiencies in a will left by a deceased who hand wrote certain changes to a typed and properly witnessed prior will. The  Judge referred… Read more

Jerry Lewis and Wills Variation

Jerry Lewis and Wills Variation

In British Columbia, Jerry Lewis’s six disinherited children would have a wills variation claim under Section 60 of WESA. The news today reported: When comedian Jerry Lewis died from heart failure in August at the age of 91, as it turns out, he left the… Read more

Special Costs in S 58 WESA Application | Disinherited

Special Costs In S 58 WESA Application

Re: Hadley Estate 2017 BCCA 311 the BC Appeal court upheld the principle of costs in estate litigation where the litigation is necessary due to the conduct of the deceased, then each party will normally be entitled to have their legal fees paid for from… Read more