Will Interpretation

Wills Interpretation - Bequests to Charity or It's Officer

Wills Interpretation – Bequests to Charity or It’s Officer

Royal Trust v Welfare Institution of Jews of Athens 2022 BCSC 1454 involved an application under S 86 Trustee act for directions and interpretation relating to a will that posed
The Presumption of Due Execution

The Presumption of Due Execution

 The court in Re Grace estate 2022 BCSC 1283  reconsidered its judgment prior to entry of the order and reached a different conclusion as a result of the presumption of
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

Racism and Discrimination In Estates

In the spirit of testamentary autonomy, will makers often attempt to impose a condition to a gift and attempt to control the destiny of property or to dictate the conduct
Hand Written Alterations to a Will Approved - S. 59 WESA

Hand Written Alterations to a Will Approved – S. 59 WESA

In an unopposed hearing Re Jamt Estate 2021 BCSC 788 the court approved hand written alterations to a will pursuant to S. 59 (1) (a) WESA. The deceased had fully
Principles of Contract 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 the contract

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