WESA Procedures

Vancouver Estate Lawyer- Interim Distributions From the Executor

Trevor Todd and Jackson Todd have handled contested estates including obtaining interim distributions of estate for over sixty comb9ined years. INTERIM DISTRIBUTIONS IN ESTATES The court retains a general jurisdiction

Fixing a Will in BC-Digital Will Cured Under S. 58 WESA

Trevor Todd and Jackson Todd have over sixty years combined experience in estate litigation including ” fixing or curing” wills that fall short of proper execution procedures in icluding the

Extrinsic Evidence Admissible To Determine Intention in S. 58 WESA

In Re Hadley Estate 2017 BCCA 311the Court of Appeal underscored the importance of evidence, including extrinsic evidence to determine testamentary intention in  S.58 WESA applications to remedy a defective
Wills Drafting- The Myth of the “Simple Will” _ Disinherited

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

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