Category: WESA s. 37
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Contesting a Will in BC
In British Columbia you can contest a will on two tracks: challenging its validity — for example lack of capacity, undue influence, or improper signing under the Wills, Estates and Succession Act — or, as a spouse or child, asking the court to vary a valid will that leaves you inadequate provision under section 60. […]
DIY Will British Columbia
DIY has become increasingly popular by the day. People now try to do things themselves, and creating a will is no exception. In British Columbia, residents have the option of creating their wills independently. However, you need to understand what goes on in this process. This way, you can ensure the will is legally binding […]
Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker
In this article we will discuss important points from Gibb Estate (Re), 2021 BCSC 2461 on mental capacity, validity of wills, and the court’s duty to give effect to a deceased’s intentions whenever possible. While in the hospital after suffering a heart attack, a BC man named John Gibb requested that his lawyer prepare a new […]