What Makes It a Will?
March 18, 2019 No Comments
Quinn Estate v Rydland 2019 BCCA 91 visited the old Chestnut Bennett v Toronto General Trusts to set out the bottom line of what makes
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Wills Drafting: The Myth of the “Simple Will”
January 10, 2019 No Comments
It must be stressed that any document that has consequences as permanent and far-reaching as a Will can never be “simple.” Even a straightforward Will
Simultaneous Deaths and Survivorship
November 13, 2018 No Comments
The law relating to simultaneous deaths and survivorship is set out in section 5 WESA. If two or more persons die at the same time
Wills Variation Explained
November 1, 2018 No Comments
JR v JDM 2016 BCSC 2265 explained the criteria in assessing a wills variation claim. [81] The key provision of the WVA is s. 2
S.151 WESA: Leave to Commence a Court Action on Behalf of the Executor
September 2, 2018 No Comments
Re Gordon Estate 2018 BCSC 487 is a decision that granted leave under section 151 of WESA for the residual beneficiary, the University of British
S.46 WESA: Priorities of Distribution When Gifts Fail
August 25, 2018 No Comments
Terezakis Estate 2018 BCSC 805 discusses section 46 of WESA relating to an interpretation of the residue of a will that dealt with its interpretation
Admissible Extrinsic Evidence In S. 58 WESA Applications
August 22, 2018 No Comments
Admissible extrinsic evidence in S 58 WESA applications to “ cure” defective wills was discussed in Re Mace Estate 2018 BCSC 1284. In short, the
25 Will Drafting Tips
July 31, 2018 No Comments
1. Take your time. Be cautious. Seriously consider charging your actual time on a Wills file. If your client objects, then educate the client about
Will Variation (S 60 WESA) and the Second Spouse
April 9, 2018 No Comments
In Unger v Unger Estate 2017 BCSC 1946 the court considered the legal and moral claims of a long time second spouse against the estate
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