Category: Wills
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| Estate Law, Trusts, Wills
Benefits of Estate Planning
Estate planning is not just for the very wealthy. It is important and beneficial for everyone. You may be wondering, why is estate planning important, regardless of financial status? Because it provides a variety of benefits for you and your loved ones and protects the assets you accumulate in your lifetime. A good estate plan […]
Is A Handwritten Will Legal in British Columbia? (Case Study)
When it comes to distributing a loved one’s assets, the legality of a handwritten will can be a source of dispute in British Columbia. But just how valid is a handwritten note left behind? The recent Skopyk Estate, 2017 BCSC case put this question to the test, as the court was tasked with determining the […]
| Estate Law, Wills
Everything You Should Know About Estate Law in British Columbia
BC estate law covers a lot of ground. It includes estate planning (Wills, trusts, incapacity planning) and the law that applies if a family member dies without a Will. Estate law also includes estate litigation, which may be necessary if there are questions about the validity of a Will, suspicions that a will maker lacked […]
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, […]
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”) […]