Lost Wills

Safeguard Your Original Will

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 - Disinherited

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

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 - Disinherited

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

Lost Wills and the Presumption of Revocation

Lost Wills and the Presumption of Revocation An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the courts will be