Candace Cho joins BC Almanac to discuss the estate case of Vancouver environmental activist Eleanor Hadley. The deceased left behind two conflicting wills, leading to a legal dispute over her divided estate. The case has now been settled by B.C. Court of Appeal under section 58 of the Wills, Estates and Succession Act (WESA).
Section 58 of WESA became new legislation as of 2014. It provides the judge further discretion as to whether they should cure the deficiencies of the will in circumstances where it clearly does not adhere to the formal requirements of validity.
In order for a will to be considered valid, it must be a:
- Written record
- Signed by the will-maker in front of two witnesses
- Signed by 2 witnesses of whom are not beneficiaries, in front of the will-maker
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