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
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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.58 WESA Refused to Cure Defective Will
October 27, 2018 No Comments
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
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
Executor/Trustee Removal: The Law Summarized
July 19, 2018 No Comments
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
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