Wills Drafting: The Myth of the “Simple Will”
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
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
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
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
Poulk Estate 2018 BCSC 1321 is a good review of the law relating to section 58 of WESA and after a review of the facts
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
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 to “ cure” defective wills was discussed in Re Mace Estate 2018 BCSC 1284. In short, the
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
1. Feeney’s The Canadian Law of Wills, 4th ed. (Markham: LexisNexis, 2000) at 8.17 states: An executor has a duty to settle the affairs of
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