S.58 WESA – Is it a Will?

Medical Records Admissibility and the Remoteness of Time

Medical Records Admissibility and the Remoteness of Time

Re Gibb estate 2021 BCSC 2461 involved inter alia the admissibility of medical records in  S. 58 WESA application to remedy a will that a lawyer prepared, reviewed by telephone
S.58 WESA Allows Extrinsic Evidence Re Intention

S.58 WESA Allows Extrinsic Evidence Re Intention

Re Chou 2022 BCSC 783 reviewed the test to be applied in determining whether a S 58 WESA order should be made to remedy a defective will and that extrinsic

S. 58 WESA- Curing A Defective Will

Henderson v Myler 2021 BCSC 1649 is another case dealing with the curative powers of S. 58 WESA to fix a will that otherwise would not be valid due to
Hand Written Alterations to a Will Approved - S. 59 WESA

Hand Written Alterations to a Will Approved – S. 59 WESA

In an unopposed hearing Re Jamt Estate 2021 BCSC 788 the court approved hand written alterations to a will pursuant to S. 59 (1) (a) WESA. The deceased had fully
S. 58 WESA Refused

S. 58 WESA Refused

The curative provisions of section 58 WESA were declined in De Bon estate 2021 BCSC 505 Van where the court refused to vary a January 2012 will that the deceased
Electronic Wills and S. 58 WESA

Electronic Wills and S. 58 WESA

Much of the legal profession and general public do not realize that the age of electronic/digital wills is already upon us as per WESA. Section 58 (1) WESA reads as
Revival: S. 58 WESA Used

Revival: S. 58 WESA Used

Jacobson Estate 2020 BCSC 1280 showed the court’s willingness to expand the use of section 58 WESA as a remedial tool to revive the provisions of a will that had
Section 58 WESA 2020

Section 58 WESA 2020

I spent approximately 40 years of my 46 years of practice in attempting to set aside  wills for invalid execution or other technical faults, but s.58 WESA brought that to
S.58 WESA: Undated Handwritten Napkin Valid Will

S.58 WESA: Undated Handwritten Napkin Valid Will

In Gust v Langan 2020 SKQB 42, a Saskatchewan decision, the court held that a hand written undated napkin written by the deceased when he believed he was having a
Can This Will be Remedied under S. 58 WESA to be Valid?

Can This Will be Remedied under S. 58 WESA to be Valid?

I had two enquiries today in which both questions posed were essentially – is this document, email, diary entry, hand written note, video deposition,  alterations to a previous will and