Intestacy
Wills Drafting: The Myth of the “Simple Will”
It must be stressed that any document that has consequences as permanent and far-reaching as a Will can never be “simple.” Even a straightforward Will can be fraught with drafting
Spousal or Child Support After Death
Bouchard v Bouchard 2018 BCSC 1728 dismissed an application for lump sum child maintenance for monies held in the estate of the deceased to died intestate, but reviewed the law
Wills Drafting 101
The cardinal rule of wills drafting is that there is no such thing as a “simple will.” There is a tendency amongst some wills practitioners to underestimate the difficulty of
S.46 WESA: Priorities of Distribution When Gifts Fail
Terezakis Estate 2018 BCSC 805 discusses section 46 of WESA relating to an interpretation of the residue of a will that dealt with its interpretation with respect to two of
Duties and Liabilities of Executors / Trustees
The duties and potential liabilities for executor/trustees can be onerous and personally risky if not properly carried out. It is extremely important that the testator’s choice of his or her
Wills Variation: Adopted Out Children Have No Claim
In British Columbia a child who has been adopted out to another family has no claim on his or her pre-adoption family in the event of an intestacy or under
Pet Law: Everything to Fido
In the early 1990s I was consulted by executors of a deceased doctor who died without a spouse or children, and left her at that time large estate of $1 million to
The Presumption Against An Intestacy
There is a strong presumption against an intestacy in the construction/interpretation of a will that a testator did not go to the trouble and expense of preparing a will to only lead to an intestacy-
WESA – Intestacy Rules Will Be “Parentelic”
WESA #16 – Intestacy Rules Will Be “Parentelic” One of the most significant changes under WESA and the Intestacy Rules is the change from that of distributing assets by way of
Significant Changes To Intestacy, Including Spousal Share Increased
WESA #14 – Significant Changes To Intestacy, Including Spousal Share Increased Where there are no descendants of the deceased, a spouse will still inherit the entire estate on an intestacy