In this article we will discuss important points from Gibb Estate (Re), 2021 BCSC 2461 https://www.bccourts.ca/jdb-txt/sc/21/24/2021BCSC2461.htm on mental capacity, validity of wills, and the court’s duty to…
In March 2020, the world ground to a halt as a result of the COVID-19 pandemic. Offices were shuttered and in-person meetings were only permitted for essential…
A handwritten document can be effective as a will or codicil to a will if the court is satisfied that the document is a deliberate or fixed…
When married or common-law partners cease to be spouses, s. 56(2) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”) automatically revokes testamentary gifts…
In certain circumstances a handwritten document can be effective as a valid will, as our Vancouver estate lawyers have discussed. Similarly, under the right conditions, a handwritten…
At the close of a Vancouver estate litigation matter, are costs paid out of the estate or is unsuccessful party personally liable for those costs? The answer…
Can a handwritten document purporting to change a will be given legal effect via BC estate litigation? Section 58 of WESA is a broad curative provision. It provides the court with the discretion to validate a document which has not been made in compliance with the formalities of will-making and allow it to be admitted to probate, if satisfied that the document “represents the testamentary intentions of the will-maker.”
There are specific requirements for changing a will in BC after it has been made, just as there are specific requirements for making a will in the…
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