Rectifying Wills under WESA, s. 59: Jamt Estate (Re), 2021 BCSC 788
In 2014, British Columbia’s Wills, Estates and Succession Act (“WESA”) greatly expanded the Court’s power to cure deficiencies in a Will under section 58, and ... Continued
Traditional Indian Values Meet Contemporary Standards: How the Courts Address Inequality In Wills
From its beginnings, the Sikh faith was a head of its time and emphasized the equality and dignity of women: From woman, man is born; ... Continued
Aaron Pearl Published in Leave a Legacy’s Fall 2019 Newspaper Supplement
Sometimes a gift to a charity provided through a will becomes impossible to fulfill because the charity no longer exists after the will-maker’s death. Enter: ... Continued
Costs in Estate Litigation: Different Horses for Different Courses
A common question raised by individuals upon entering litigation is how legal fees will be paid if they are successful in court. In estate litigation ... Continued
Gordon Behan and Sam Shury Published in The Lawyer’s Daily
A recent Ontario Court of Appeal decision has given greater clarity to how the courts treat a will-maker’s knowledge of his or her assets. It ... Continued
Deliberate Alterations to a Will: Levesque Estate (Re), 2019 BCSC 927
A recent decision shows how the Court may find a will-maker’s handwritten changes to be legally effective. Whiting a Beneficiary Out of a Will In ... Continued
When will the Court remove an Executor? Two recent decisions from the Supreme Court of British Columbia
Two recent BC Supreme Court decisions required the Court to determine when it is appropriate to remove an executor of an estate: Nieweler Estate (Re) ... Continued
Successful Result in Halliday v. Halliday Estate, 2019 BCSC 554
In the recent BC Supreme Court case of Halliday v Halliday Estate, 2019 BCSC 554, Clark Wilson LLP was successful in challenging the validity of ... Continued
No need for “encyclopedic knowledge” when a will-maker recounts their assets
The recent Ontario Court of Appeal decision in Quaggiotto v Quaggiotto, 2019 ONCA 107 (“Quaggiotto”) helps to clarify the level of knowledge courts expect a ... Continued
What Obligations are Owed by a Testator to a Deceased Person’s Estate?
In the Court’s determination of a wills variation claim and what is “adequate, just and equitable”, the Court will consider legal and moral obligations owed ... Continued
The Tests for Undue Influence for Testamentary Gifts and Inter Vivos Transfers
Background In Seguin v. Pearson, 2018 ONCA 355, the appellant appealed an Ontario Superior Court of Justice decision in which the trial judge dismissed her ... Continued
The Third Party Beneficiary Rule: Claims By Disappointed Beneficiaries Against A Solicitor
Generally, a solicitor who accepts instructions to draft a will owes a legal duty of care to an intended beneficiary under that will. This duty ... Continued