Admissible extrinsic evidence in S 58 WESA applications to “ cure” defective wills was discussed in Re Mace Estate 2018 BCSC 1284. In short, the ordinary rules of admissibility apply.
The leading case in British Columbia on the revocation of a grant of probate is Desbiens v Smith Estate 2010 BCCA 394 . That decision was decided on the basis
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
The introduction of the Wills Estates and Succession act (WESA) on March 31,2014 made a few significant changes to the law relating to the revocation of wills. Probably the most
A revocation of a will in British Columbia can happen in two different ways. For example, the test dater can rip it up with the intention of revoking it. He
Presumption of Revocation of A Lost Original Will law is set out at paragraph 9 by Haider v Kalugin 2008 BCSC 930: “The applicable law is not in dispute. When
Every will is revocable even a will, whose terms purport to make it irrevocable, is in fact revocable. Generally speaking a will may be either be revoked by the operation
Lost Wills and the Presumption of Revocation An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the courts will be