Tag: Wills Void

July 7, 2017 No Comments

Section 58 WESA was once again successfully used in Re Litke Estate 2017 BCSC 1079 to find a hand written unwitnessed signed “will-like” document to

April 14, 2014 No Comments

A review of case law makes clear the majority of such allegations are dismissed at trial due to insufficient proof. Frequently the court simply finds

April 13, 2014 No Comments

S 60 of WESA allows the court to exercise its discretion re the claims of spouses and children against the assets of a deceased’s estate,

April 13, 2014 No Comments

The original plan for WESA was to restrict the right of an independent adult child to bring a claim against his or her parents estate

April 11, 2014 No Comments

Mistakes in wills are frequently made and then subsequently not discovered until typically many years later after the passing of the will maker.

January 3, 2014 No Comments

While it is much more common for courts to award a percentage of the residue of an estate to a wills variation claimant, it does

January 2, 2014 No Comments

In Moore v. Drummond 2013 BCSC 1762 the Court in a wills variation claim divided the estate 50/50 between an alleged estranged disinherited son and

December 31, 2013 No Comments

Prior to the WESA legislation in BC prior to March 31, 2014 a marriage revoked an existing will unless the will was made in contemplation of

December 1, 2013 No Comments

Undue Influence and Cults In recent years there have been a rash of news stories about people who have escaped from various cults, sects, communes

November 29, 2013 No Comments

The doctrine of ademption by conversion — a rule of the law of wills whereby a specific bequest “adeems”, or fails, if at the

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