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

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

Court Rewrites Will

Court Rewrites Man’s Will to Include Daughters

Court Rewrites Man’s Will to Include Daughters Son was named as sole beneficiary until judge intervened Where there’s a will, there’s a way to have it overturned. A B.C. Supreme Court Judge has ordered a man to a split his late father’s estate, despite the fact… 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

Interest Is Claimable on Lump Sum Wills Variation Awards

While it is much more common for courts to award a percentage of the residue of an estate to a wills variation claimant, it does on occasion occur where the court will order a lump sum award which may include interest..   That is a… Read more

Court Divides Estate Equally Between Son and Neighbours -Wills Variation Act

The Court Divides  Estate Equally Between Disinherited son and a long time friendly neighbour in wills variation action: Moore v. Drummond, 2013 BCSC 1762   [4] The new will, dated January 18, 2010, said : 7. My reasons for providing for my neighbours, CASEY MOORE and CLARA… Read more

contemplation of marriage

Will In Contemplation of Marriage

Prior to the WESA legislation in BC prior to  March 31, 2014 a marriage revoked an existing  will unless the  will was made in contemplation of marriage.   The BC Appeal court in MacLean Estate v. Christiansen, 2010 BCCA 374dealt with the matter.   The BCCA… Read more

Where There Is a Cult, There Is Undue Influence

Undue Influence and Cults In recent years there have been a rash of news stories about people who have escaped from various cults, sects, communes or other extremely private organizations ,such as Scientology. Today’s news brings the story of a Marxist commune in South London… Read more