S.58 WESA – Is it a Will?

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
S.58 WESA: Suicide Note Valid Will

S.58 WESA: Suicide Note Valid Will

In Gregoire v Cordani 2020 BCSC 276 held that a signed but unwitnessed suicide note was remedied as per the curative provisions of section 58 WESA, and held to be
S. 58 WESA: 2 of 3 Notes Admitted as Will

S. 58 WESA: 2 of 3 Notes Admitted as Will

In Bizicki Estate 2019 BCSC 2142 the court pursuant to section 58 WESA, the court admitted two of three notes into probate as the last will of the deceased. The
S.58 WESA: Computer Message Found to be Valid Will

S.58 WESA: Computer Message Found to be Valid Will

In re Hubschi Estate 2019 BCSC 2040 found a message on the deceased’s computer that the court “cured” and found to be a valid will. Specifically, the court found that
S. 58 WESA: Fixed Intention of Asset Disposal Required

S. 58 WESA: Fixed Intention of Asset Disposal Required

Re Cook Estate 2019 BCSC 417 applied Hadley Estate 2017 BC CA 311 that the applicable test under section 58 WESA has two main parts: 1) whether the record, document