Working with WESA to Wipe Away Will Mistakes – Part 2

Crossing Out a Name in Your Will

In the previous post, we discussed how lawyers can use the new tools that are found in the Wills, Estates and Succession Act (“WESA”) to try to remedy common mistakes found in wills. Prior to WESA, it was much more likely that a defect in a will could ultimately serve to defeat the will-maker’s intention.  We previously discussed what to do if a witness is also a beneficiary to the will. In this post, we will discuss what happens when a will has a formal defect.

Crossing a name out

Mistake:  A will-maker decides to cross out the name of recently deceased beneficiary in their will and replace it with a different name without making a codicil. The change is made in ink and initialed.

Solution: Section 58 of WESA allows people to apply to the Court to ask for an order that will fix a defect in the will. The Court is not solely concerned with the strict requirements of how wills must be drafted and signed. S. 58 allows the Court to consider in a more broad sense what the testamentary intentions of the Deceased person were. In the example noted above, the testamentary intentions were quite clear and this is an example of where s. 58 could be very useful.

Related Wills Variation Information:

• Wipe Away Will Mistakes – Part 1: Beneficiary-Witnesses
• Challenging a Will in Vancouver? Four Facts You Should Know

Contact Our Estate Litigation Lawyers in Vancouver BC

If you have been wrongly left out of will or are a beneficiary and have some questions on will variation or estate litigation in Vancouver BC, contact the Kushner Law Group at 604-629-0432 or contact us online to schedule a consultation.