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

Release of Claims and Different Claim

Release of Claims and Different Claim

Bykerk v Kappalka Estate 2017 BCSC 655 discussed a previous Release of Claims signed by the parties to a second court action under the Wills Variation act (Section 60 WESA) and found that the Release was not binding to prevent the latter claim. The court… Read more

Forfeiture Clauses in Wills

A forfeiture clause is typically a clause that the testator puts in the will to try and make it much more difficult, if not impossible, for someone to contest the will. Typically, it would be a clause that it says, “If my wife ever remarries,… Read more

Court Overturns

Court Overturns Man’s Will on Moral Grounds

The Bc Court over turned and varied a will where his four daughters had been left with nothing. William Werbenuk died more than two years ago with just enough money in the bank to pay for his funeral. The 86-year-old widower’s will gave all assets… Read more

Children Defined Under S.60 WESA

Children Defined Under S.60 WESA

The decision of Sari v Sari 2015 BCSC 1865, while essentially an application for costs, reviews the law as to what the definition of a child or children is for the purposes of having the necessary standing to bring an action under S 60 WESA to… Read more

B.C Allows Adult Independent Child To Contest Will Under Wills Variation Act

B.C Is Only Province To Allow Adult Independent Child(ren) To Contest Will Under Wills Variation Act If there was any doubt that no other Province in Canada except for British Columbia allows an adult independent child to contest a disinheritance by an adult child’s parents… Read more

Winning an Undue Influence Case

In my experience in estate litigation, probably the most difficult issue to win at trial is that of undue influence. A review of case law makes clear the majority of such allegations are dismissed at trial due to insufficient proof. Frequently the court simply finds… Read more

What the Court Needs to Know to Win a Wills Variation Action

S 60 of WESA allows the court to exercise its discretion re the claims of spouses and children against the assets of a deceased’s estate, on the basis that they were not adequately provided for in the estate.   The right to bring a Wills… Read more

Wills Variation Act Not Affected By WESA

The original plan for WESA was to restrict the right of an independent adult child to bring a claim against his or her parents estate on the basis that he or she will was not adequately provided for. A great deal of discussion took place… Read more

Mistakes In Wills and How To Fix Them

    Mistakes in wills are frequently made and then subsequently not discovered until typically many years later after the passing of the will maker. The usual types of mistakes  break into two areas- that the will was not properly executed in accordance with established… Read more