Tag: wills

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

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

S. 52 WESA and Rebutting the Presumption of Undue Influence

June 27, 2018 No Comments

Ali v Walters Estate 2018 BCSC 1032 reviews the law relating to rebutting the presumption of undue influence in regard to a will as dealt

How to Defeat a Testamentary Gift: Beneficiary Fraud

April 28, 2018 No Comments

“Fraudulent beneficiaries” has arisen in a claim that I am aware of currently before the courts, where it is alleged that the deceased was fooled

Can You Prove Mental Incapacity for a Will?

April 24, 2018 No Comments

Nykoryak v Anderson 2017 BCSC 1800 is a decision that in many respects is indicative of how difficult it is to succeed in having a

Do Adopted Out Children Have Claim to Birth Family Inheritance?

Wills Variation: Adopted Out Children Have No Claim

April 19, 2018 No Comments

In British Columbia a child who has been adopted out to another family has no claim on his or her pre-adoption family in the event

Interpreting the Ambiguous Will

April 16, 2018 No Comments

The increasing occurrence of laymen doing their own will, combined with the curative effects of sections 58 and 59 of WESA, will invariably be leading