WESA Procedures

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

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

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

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

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: 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

S. 58 WESA: Fixed Intention of Asset Disposal Required

Re Cook Estate 2019 BCSC 417 applied Hadley Estate 2017 BC CA 311 that the applicable test under section 58 WESA has two main parts: 1) whether the record, document
Marriage-Like Relationships: Are You Considered Their Spouse?

Marriage-Like Relationships: Are You a Spouse?

Robledano v Queano 2019 BCCA 150 clarified the law with respect to the definition of spouse after two years living together in a marriage like relationship by stating that there
Spouse: Two Year Marriage-Like Relationship

Spouse: Two Year Marriage-Like Relationship

Robledano v Queano 2019 BCCA 150 clarified the law with respect to the definition of spouse after two years living together in a marriage like relationship by stating that there

Removal of a Judge for Bias

Siemens v Howard 2016 BCSC 2700 discusses the law for removal of a Judge as a result of alleged bias. In the Siemens decision the trial began but could not