Wills Causing Spills: Caution – Pour-Over Clauses are Void in B.C.
By Pavneet Grewal and Zachary Murphy-Rogers If you are or know someone who moved to British Columbia and has a U.S.-style ‘pour-over will’, we strongly ... Continued
Couple never lived together, but court finds they are “spouses” for BC Estate Law
The definition of spouse in BC’s Wills, Estates, and Succession Act says that two people are “spouses” if “they have lived with each other in ... Continued
Vested versus Contingent Interests
Recent case endorses longstanding preference of holding that an interest has vested, if the language of the will can support that interpretation.
Who Inherits When a Person Dies Without a Will?
An outline of the intestacy rules under WESA.
Will a Separate Residence Affect Your Spousal Status?
Recent case finds couple to be in a marriage-like relationship despite maintaining separate residences.
Transitioning to WESA
WESA provides that the old legislation will often apply if the deceased died prior to WESA
BCLI Publishes Consultation Paper on Common-Law Tests of Capacity
Discussion on a consultation paper released by the British Columbia Law Institute on the common-law tests of capacity.
Severance of joint tenancy
Discussion on types of co-ownership and the severance of joint tenancy
Determining Spousal Status Can Be Difficult
Discussion on the definition and determination of a “Spouse”
Survivorship
Survivorship and the laws of intestacy
Can a Stepchild Inherit from a Stepparent?
Can a Stepchild Inherit from a Stepparent?
Western Showdown: WSA vs. WESA
Comparison between BC’s WESA (coming into force) and the Alberta Wills and Succession Act.
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