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Category: WESA s.59

Judge Rectifies Error from an “Accidental Slip” in BC Will

Can a BC Will be “corrected” if it contains an accidental slip or omission? In Jamt Estate (Re), 2021 BCSC 788 it was not noticed until after the will-maker’s death that the Will may have misstated the middle name of the sole beneficiary. Who should inherit the deceased’s estate: the deceased’s nephew (“Per Martin Jamt”) […]

Rectification of Wills in BC

The Wills, Estates and Succession Act has been in force since March 31, 2014, and since that time, there have been few reported decisions in which the court is called upon to rectify an alleged error in a will using the power in section 59. Recently, the BC court applied section 59 in Huber Estate […]