Dispensing Power of the Court under WESA
The Wills, Estates and Succession Act (“WESA“) is now in force, and we are beginning to see its application in our estate practice. One of ... Continued
Court of Appeal in the position of a Trial Court in Wills Variation Appeals
Appellate courts not required to defer to trial judge except on oral testimony in wills variation cases
Revoking a Will – Destruction of a True Copy Not Sufficient
Detroying true copy does not revoke will when original known to be safe elsewhere.
Wills Variation – Estrangement Does Not Necessarily Negate Moral Duties
Recent BCSC case indicates estrangement does not necessarily negate the will-maker’s moral obligations to a spouse or children
Curing Deficiencies in a Will – Examples from Other Provinces
New provisions in WESA on curing deficiencies in a will are similar to those in Manitoba and Saskatchewan
Transitioning to WESA
WESA provides that the old legislation will often apply if the deceased died prior to WESA
Text Message Wills?
Although a recent Swedish case rejected a text message will, WESA could give courts the discretion to find them valid
BCSC Orders Executor to make an Interim Distribution
In Reznik v. Matty, for the first time, the British Columbia Supreme Court ordered that an executor must make an interim distribution of estate funds
Gordon Behan’s article republished in Quickscribe
Gordon Behan‘s recent article “Wills Variation under WESA” from our Your Estate Matters Blog, which covers the new wills and estates legislation, has been republished ... Continued
Clark Wilson LLP welcomes Gordon Behan and Cassandra Drake
Clark Wilson LLP is pleased to welcome Gordon Behan and Cassandra Drake as associates in our Litigation Department. Gordon will practice in the areas of ... Continued
Wills Variation under WESA
Discussion on how a wills variation claim will be made under the incoming Wills, Estates and Succession Act
Is Friendship a bar to Trusteeship?
Discussion on whether a friendship is a bar to acting as a trustee