Contested Wills

Mental Capacity to Make a Will

Jung Estate v Jung Estate 2022 BCSC 1298 reviewed the law on mental ( testamentary) capacity to make a will and found the will invalid. The most frequently quoted test
Appointing an Administrator of a Will

Appointing an Administrator of a Will

Berlinguette Estate 2022 BCSC 1098  discussed the criteria for appointing an administrator of a will and Sections 130 and 132 WESA. Sections 130 and 132 of WESA address the appointment
Executor and Proving the Will in Solemn Form | Disinherited

Executor and Proving the Will in Solemn Form

When the validity of a will is in question, the propoundor of the will (usually the executor) is often forced to prove the validity of the will in solemn form,
S. 86 Trustee Act Directions After a Murder | Disinherited

S. 86 Trustee Act Directions After a Murder

Re Unger 2022 BCSC 189 involved an application by the executors of the estate for advice and direction as authorized by Section 86 of the Trustee act regarding the disposition
Admissibility of Medical Records

Admissibility of Medical Records

Many types of estate litigation cases such as testamentary capacity, undue influence, committee applications and others rely on medical evidence, which is typically initially obtained from medical records that are
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 to allow for gifts to a will witnesses or to

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