Lost Wills
Presumption of Revocation of Lost Will Rebutted
In Re Galloway Estate 2023 BCSC 1204 the presumption of revocation of a lost will was rebutted and a copy of the deceased’s will was admitted to probate. Because the
Presumption of Revocation and Lost Wills
Re Bennett Estate 2023 BCSC 559 discussed the presumption of revocation, where the original will of the deceased had been lost, and in an application for directions, ordered that a
Safeguard Your Original Will
It is important to safeguard ones originally signed the will as a presumption of revocation may arise if the original is lost that may result in expensive litigation with an
Revocation of Wills Post WESA
The introduction of the Wills Estates and Succession act (WESA) on March 31,2014 made a few significant changes to the law relating to the revocation of wills. Probably the most
What Happens When You Lose Your Will?
What happens when you lose your will? Many people, in fact, do. They might be hoarders or they might be very careful people but they don’t appreciate that that document
Copy of Will Probated
Under certain circumstances a copy of a will rather than the original, may be admitted to probate as the last valid will of the deceased. The competing claimants will typically
The Presumption of Revocation of A Lost Original Will
Presumption of Revocation of A Lost Original Will law is set out at paragraph 9 by Haider v Kalugin 2008 BCSC 930: “The applicable law is not in dispute. When
Unsigned Copy of Lost Will Admitted Into Probate
Is an unsigned copy of a lost will admittable? The law is clear: If the original will is last known to be in the will maker’s possession and cannot be
Dealing with Lost Wills
An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the courts will be more willing to allow copies of wills
Revocation of Wills
Every will is revocable even a will, whose terms purport to make it irrevocable, is in fact revocable. Generally speaking a will may be either be revoked by the operation