Category: Wills Variation
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Case Comment: Estate of Young, 2015 BCSC 182
Background Last spring, the Wills, Estates and Succession Act (“WESA”) came into force, modernizing estate law in British Columbia. WESA was created in order to provide greater certainty to will-makers and those responsible for estate distribution. Among many important changes to the law, section 58 of WESA enables courts to declare documents effective as wills […]
Groundbreaking New Law Regarding Joint Tenancies
Quick answer: In a joint tenancy, the survivor normally takes the whole property by right of survivorship, outside the estate. But in British Columbia that outcome is not guaranteed. A joint tenancy can be severed into a tenancy in common, which defeats survivorship, and where a parent adds an adult child to title for free, […]
Case Comment: Easingwood v. Cockcroft, 2011 BCSC 154
This is a case comment on the recent decision of Easingwood v. Cockcroft, with neutral citation of 2011 BCSC 1154. The judge presiding over the summary trial was Madame Justice Dillon, and was delivered on August 26, 2011, and is currently being appealed by the Plaintiff. This was a trial within a trial, in that […]