Contested Wills

S. 43 WESA- Gifts to Will Witnesses or Their Spouses

S. 43 WESA- Gifts to Will Witnesses or Their Spouses Prior to the introduction of WESA on March 31, 2014 the law was clear that the court had no discretion

Duress In Family and Estate Situations

Blom v Blom 2921 BCSC 181 set aside a separation agreement and gift letter on the basis of the common law remedy of duress.   The claimant also pleaded S

Ordinarily Resident

Waslenchuk estate 2020 BCSC 1929 dealt with a common issue in estate litigation- when will wills made in other jurisdictions apply to British Columbia- the issue usually is resolved by

Memory Stick Will Valid: S. 58 WESA

Rempel Estate v Dudley 2020 BCSC 1766 held that one document amongst documents contained on two memory sticks, was in fact a valid will that could be cured of any
Wills Variation: No Presumption of Paternity

Wills Variation: No Presumption of Paternity

There is no presumption of paternity in British Columbia in wills variation cases so paternity must therefor be proven. Under section 26 of the Family Law act however, there are
"Inheritance" Given Broad Interpretation

“Inheritance” Given Broad Interpretation

The words inherit and inheritance were given a very broad interpretation in Lotimer v Johnston 2019 BCSC 2098. The parties were married for many years, but separated in 2007 and
Suspicious Circumstances | Disinherited Estate Litigation

Suspicious Circumstances

An important aspect of challenging the validity of a will due to lack of testamentary capacity is to look for suspicious circumstances which if found have the effect of shifting
No Ademption of Gift in Will | Disinherited Vancouver Estate Litigation

No Ademption of Gift in Will

Re Wood Estate 2004 BCCA 556 at para. 1 describes the doctrine of ademption as “ a rule of the law of wills, whereby a specific bequests “adeems” or fails,
How to Defeat a Testamentary Gift- Beneficiary Fraud - Disinherited

How to Defeat a Testamentary Gift: Beneficiary Fraud

“Fraudulent beneficiaries”  has arisen in a claim that I am aware of currently before the courts, where it is alleged that the deceased was fooled to leave his entire estate
Witness Credibility Assessment

Witness Credibility Assessment

Robledano v Jaconto 2018 BCSC 152 reviewed the law relating to the criteria to be used when assessing the truthfulness/credibility of a witness. The case involved a claim of same