Unwitnessed Will Valid
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
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
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
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,
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
Mistakes in wills are frequently made and then subsequently not discovered until typically many years later after the passing of the will maker.
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
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
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
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
The doctrine of ademption by conversion — a rule of the law of wills whereby a specific bequest “adeems”, or fails, if at the