Video evidence was allowed on appeal in Houston v Kline , 2011 BCCA 258
The respondent sued for damages arising out of a car accident.Continue reading
Rectification of Error in Will Refused
Rectification of Error in Will Refused By Ontario Court of Appeal
Robinson Estate v Robinson 2011 CarswellOnt 5819 once again demonstrated the limited jurisdiction that exists in the courts to remedy a mistake and omission made in the deceased’s will, even by the drafting lawyer.
The deceased testator executed 2 separate wills, one was to deal with property held in her native Spain as well as England, and a subsequent one to deal with her Canadian property.Continue reading
Torn Up Will Admitted to Probate
Will Admitted to Probate
In Jorsvik Estate, Re 2011 BCSC 528 ,after the testatrix’s death, her daughter found her torn up will at the care center where her step father had resided for the previous several years.Continue reading
Court “Regrettably” Declares Will Executed Before Marriage To Be Void
Will Executed Before Marriage “Regrettably” Declared Void
Please note that due to the implementation of WESA. this will no longer be the law for wills signed on or after April 1, 2014
MacLean Estate v. Christiansen 2009 BCSC 1159 is a good example of the legal hardship that can ensue if a testator executes a will before his or her marriage.
This is because section 15 (a) of the Wills Act, RSBC, provides that a will is revoked by the marriage of the testator, unless there is a declaration in the will, that it is made in contemplation of the marriage.Continue reading