WESA Procedures
S.59 WESA Order Made After 180 Days Post Probate
Simpson v Zaste 2022 BCCA 208 was an appeal from an order granting leave to rectify a will under S 59 WESA, after the 180 day limitation period of the
S. 151 WESA- Leave To Bring Action On Behalf of Estate
Mischke v. Mischke Estate 2021 BCSC 1404 dealt with a S. 151 WESA application for leave by a beneficiary of their mother’s estate to commence an action on behalf of
S 150(2) WESA Allows Family Claim After Death
Weaver Estate v Weaver 2021 BCSC 881 allowed the personal representative of the deceased spouse as provided for by S 150(2) WES to commence the family law action for division
Electronic Wills
Amendments to WESA due to the corona virus now enables the use of electronic wills and electronic witnessing of wills. The amendments to WESA are basically those of sections 35
Converting a Petition to an Action and Trial
Re Cameron 2020 BCSC 157 discusses the test to convert a petition to an action and to refer the matter to the trial list. Under the Supreme Court rules many
S. 58 WESA: 2 of 3 Notes Admitted as Will
In Bizicki Estate 2019 BCSC 2142 the court pursuant to section 58 WESA, the court admitted two of three notes into probate as the last will of the deceased. The
Posthumous Births: Conception After Death
Section 8.1 of WESA provides as follows: 8.1 (1) A descendant of a deceased person, conceived and born after the person’s death, inherits as if the descendant had been born
Overcoming the Presumption of Indefeasible Title
Estate disputes frequently involve issues relating to who is the true beneficial owner of a property due to a myriad of fact patterns, and the legal arguments invariably refer to
S.46 WESA: When Gifts Cannot Take Effect
S.46 WESA applied to the following simple fact pattern that I recently met: A will left everything to my children in equal shares, share and share alike. One child had
S. 58 WESA: Fixed Intention of Asset Disposal Required
Re Cook Estate 2019 BCSC 417 applied Hadley Estate 2017 BCCA 311 that the applicable test under section 58 WESA has two main parts: 1) whether the record, document or