Will Interpretation

Principles of Contract Interpretation

  Principles of Contractual Interpretation   The goal is to ascertain the objective intentions of the parties A practical, common sense approach is required; The court is to look to

Mutual Wills Are Problematic

Although rare, mutual wills are extremely problematic in estate matters in that typically, a married couple, both sign the same will which in effect creates a binding contract on each
Electronic Wills and S. 58 WESA

Electronic Wills and S. 58 WESA

Much of the legal profession and general public do not realize that the age of electronic/digital wills is already upon us as per WESA. Section 58 (1) WESA reads as
Can This Will be Remedied under S. 58 WESA to be Valid?

Can This Will be Remedied under S. 58 WESA to be Valid?

I had two enquiries today in which both questions posed were essentially – is this document, email, diary entry, hand written note, video deposition,  alterations to a previous will and
Mutual Wills vs Mirror Wills Explained

Mutual Wills vs Mirror Wills Explained

In my experience, there is a lot of confusion amongst the public as to the difference between a mutual will and a mirror will, with the latter often being mistaken
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.46 WESA: Priorities of Distribution When Gifts Fail | Disinherited

S.46 WESA: Priorities of Distribution When Gifts Fail

Terezakis Estate 2018 BCSC 805 discusses section 46 of WESA relating to an interpretation of the residue of a will that dealt with its interpretation with respect to two of
No Ademption of Gift in Will | Disinherited Vancouver Estate Litigation

No Ademption of Gift in Will

Re Wood Estate 2004 BCCA 556 at para. 1 describes the doctrine of ademption as “ a rule of the law of wills, whereby a specific bequests “adeems” or fails,
S.58 WESA Does Not Apply to Wills With "Pour Over" Revocable Trusts

S.58 WESA Does Not Apply to Wills With “Pour Over” Revocable Trusts

Re Quinn Estate 2018 BCSC 365 held that the curative provisions of section 58 WESA did not apply to a will, with a ”pour over” clause that created revocable and
Interpreting the Ambiguous Will - Disinherited

Interpreting the Ambiguous Will

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 towards an increase in court