Wills Made In Another Country Easier to Prove Under WESA

Foreign Wills

Wills validly made in foreign countries will be easier to prove under WESA S.80

The criteria are reasonable and not onerous to meet.

Validity of wills made in accordance with other laws

80  (1) A will is valid as to the formal requirements for making the will and is admissible to probate if it is made in accordance

  • with the law of the place where the will is made,
  • with the law of the will-maker’s domicile, either at the date the will is made or at the date of the will-maker’s death,
  • with the law of the will-maker’s ordinary residence, either at the date the will is made or at the date of the will-maker’s death,
  • with the law of a country of which the will-maker was a citizen, either at the date the will is made or at the date of the will-maker’s death,
  • with the law of British Columbia, but the will is made outside British Columbia,
  • with the law of the place where the will-maker’s property is situated at the date the will is made or at the date of the will-maker’s death,

(g)  in the case of a will made on board a vessel or aircraft of any description, with the law of the place with which, having regard to the registration, if any, of a vessel or aircraft, the vessel or aircraft is most closely connected, or

(h) to the extent that the will exercises a power of appointment, with the law governing the essential validity of that power.

(2) If a will is not valid under subsection (1), it is deemed to be valid if a subsequent amendment to the law of the relevant jurisdiction before the deceased person’s death would have validated the will.

 

(3) The formal validity of a will that revokes

  1. a will that would be treated as formally valid under this Division, or
  2. a provision of a will that would be treated under this Division as a formally valid provision,may be determined by reference to any law under which the revoked will or provision of the will would be treated as formally valid and that is relevant for that purpose under this division.

s.81 Resort to other aids to construction  In the construction of a will to which this Division applies, the court may resort to the law of the place where the will-maker was domiciled or was ordinarily resident at the time the will was made.may be determined by reference to any law under which the revoked will or provision of the will would be treated as formally valid and that is relevant for that purpose under this Division.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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