No Ademption of Gift in Will
August 13, 2018 No Comments
Re Wood Estate 2004 BCCA 556 at para. 1 describes the doctrine of ademption as “ a rule of the law of wills, whereby a
Menu
Read More »
How to Defeat a Testamentary Gift: Beneficiary Fraud
April 28, 2018 No Comments
“Fraudulent beneficiaries” has arisen in a claim that I am aware of currently before the courts, where it is alleged that the deceased was fooled
Witness Credibility Assessment
February 8, 2018 No Comments
Robledano v Jaconto 2018 BCSC 152 reviewed the law relating to the criteria to be used when assessing the truthfulness/credibility of a witness. The case
DRAFTING ERRORS AND THE RULE IN SAUNDERS V. VAUTIER
November 14, 2017 No Comments
Will and court order drafters should be aware of the rule in Saunders v. Vautier, (1841) 41 E.R. 482), a decision of the English courts
Unsent Draft Text Message Valid Will – Australia
October 28, 2017 No Comments
A court in Australia has accepted an unsent, draft text message on a dead man’s mobile phone as an official will. The 55-year-old man had
Proof In Solemn Form and Attestation Clauses
October 26, 2017 No Comments
Bhall Estate 2017 BCSC 1867 involved a contested application to prove a will in solemn form where the court inter alia relied upon the presence
Termination of Trusts: Saunders v Vautier
October 16, 2017 No Comments
Ward v Roberts 2017 BCSC 1768 allowed the termination of a trust on the basis that there was no ” gift over” and thus it
Section 58-59 WESA Rectification Application Referred to Trial
September 24, 2017 No Comments
Estate of Palmer 2017 BCSC 1430 dealt with an application by affidavits pursuant to Sections 58 and 59 WESA to cure deficiencies in a will
Is a Will Valid By A Grant of Probate?
September 19, 2017 No Comments
Seepa v Seepa 2017 ONSC 5368 revisited the question of whether a will is recognized as valid by a grant of probate. The Court followed
Rambling Journal Upheld As NOT a Valid Will
September 6, 2017 No Comments
Re Hadley Estate 2017 BCCA 311 was upheld by the Court of appeal in finding that a rambling journal was not a will that could