Category: WESA s.58
Have questions about a topic?
Our Services
Codicil to a Will in British Columbia
A codicil is a legal document that allows an individual to make changes or additions to their existing will without having to completely rewrite it. In British Columbia, codicils play an important role in the estate planning process, providing flexibility and convenience for those who need to make updates to their existing will. Understanding the […]
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 […]
Does a Suicide Note Count As a Will?
In the realm of estate law, the validity of a will and its potential to be altered by a handwritten document is a fascinating and complex subject. British Columbia has witnessed intriguing cases where unconventional documents have played a critical role in determining the distribution of a person’s estate. One such case, Gregoire v. Cordani […]
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 […]
| Estate Law, WESA s.58, Wills
BC Court Declares Unsigned Will Valid in Landmark Estate Case
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 purposes. In light of the pandemic, Marilyn Bishop cancelled her March 20th appointment at her lawyer’s office to execute her new will. She had already given her instructions, […]
Will Not Updated Post-Separation, But Former Spouse Still Inherits Ex’s Estate
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 to one’s former spouse. The effect of s. 56(2) is that an ex-spouse is disinherited. But in some situations, that is not what is intended. In Jacobson Estate […]
| Costs, Estate Law, WESA s.58
Who Pays the Costs of Vancouver Estate Litigation?
In BC estate litigation, costs generally follow the event, so the unsuccessful party is usually ordered to pay the winner’s costs. But the court has discretion to order costs paid from the estate, especially where the dispute was caused by the will-maker or was needed to resolve a genuine question about the will. At the […]
BC Estate Litigation Determines Authenticity of Handwritten Change to Will
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.”
Changing a Will in BC: Beneficiary Disinherited by White-Out – Is It Legally Valid?
In BC, changing a will after it is signed has its own formal requirements. An alteration, such as crossing out or covering a beneficiary’s name, is generally not effective unless it meets those formalities or a court validates it under WESA’s curative power. Otherwise the original wording can still stand. There are specific requirements for […]