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Category: Wills Variation

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Unequal Inheritance Between Siblings in Canada – Case Study

In Canada, the question of whether an inheritance should be distributed equally between siblings has been a subject of legal debate. In British Columbia, for example, the case of Grewal v. Litt showcased a situation where an unequal inheritance between siblings led to a legal challenge. Our expert estate litigation lawyers can provide you with valuable […]

How to Contest a Will in British Columbia

Have you been unpleasantly surprised by what a loved one’s Will says? Do you suspect that a family member’s Will does not reflect their true wishes? You can contest a Will in BC to seek justice and ensure your loved one’s true wishes are respected. Read on for important information and answers to common questions […]
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If a Child is Left Out of a Will Can They Contest It?

A parent may want to leave their child out of their Will. A parent may wish to leave a more significant share of their estate to one child over another. Or a parent may leave their entire estate to their second spouse who in turn intends to leave their estate to their children from a […]
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Wills Variation Act BC Limitation Period

A Wills Variation Claim is a legal process that allows spouses and children of a deceased person to contest the distribution of the deceased’s estate as opposed to what is outlined in the will. It usually occurs when spouses or children feel that the will was drafted in an unfair manner.  This claim seeks to […]

Dying Without a Will in BC

Making a Will is relatively easy and provides powerful peace of mind. Yet many BC residents don’t have a Will in place. Recent statistics suggest that only 50% of adults in British Columbia have a valid, up-to-date Will. What happens in British Columbia if someone dies without a Will? The legal implications of “dying intestate” […]

Estranged Daughter Left Out of Will: A Case Study

A classic example of an estranged child being left out of a will is the case of LeVierge v. Whieldon. In this dispute, a daughter contested her exclusion from her mother’s will, arguing that their estrangement was not a valid reason for her disinheritance.The BC court did not accept the daughter’s characterization of her relationship […]

Can a Notary Probate a Will in BC?

Estate planning is an essential part of preparing for the future, and one question that often arises is whether a notary can prepare a will in British Columbia. The answer is yes, but with certain limitations. In a recent case, Society of Notaries Public of British Columbia v. Law Society of British Columbia, 2017 BCCA […]

How Long Do You Have to Contest a Will in BC?

There are many reasons to contest a Will. You may want to contest a Will if you have been disinherited, received much less than your siblings, or if you suspect the Will does not represent the true wishes of the deceased person. You can contest a Will in BC to seek justice and ensure your […]

How Long Does Probate Take in BC?

Immediately after a loved one’s death, you are dealing with complex emotions while planning a funeral and trying to find their Will. What comes next? How are estate assets handled, and who oversees the deceased’s estate? The estate administration process can be complex and intimidating. This article is intended to increase your understanding of probate […]

Wills and Succession Act BC: A Comprehensive Guide

How do you know if a Will is valid? Can anything be done to fix an invalid Will? What happens if a loved one dies without a Will? What are the probate rules in BC? Can you challenge a Will if you’ve been disinherited? Answers to these important legal questions are found in BC’s Wills, […]
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