
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
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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
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
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
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
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
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
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
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
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
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
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
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