Wipe Away Will Mistakes – Part 1: Beneficiary-Witnesses
Working with WESA to Wipe Away Will Mistakes – Part 1 Beneficiary-Witnesses Lawyers are often hired to fix avoidable errors and the practice of wills variation and estate litigation is no different. The new Wills, Estates and Succession Act (“WESA”) provides BC lawyers with some handy new tools which can be used to apply to the courts to try to rectify a …Read more →
B.C. Estate Litigation: Hearing “Hearsay” Evidence
Allowing “Hearsay” Evidence in B.C. Wills Variation Court Cases When a written will doesn’t cover everything It is well known that hearsay evidence is generally not admissible in Court, aside from a few key exceptions. However in a wills variation claim in B.C., the Wills, Estates and Succession Act (“WESA”) specifically allows the Court to relax the rules of evidence. Section 62 …Read more →
Estate Litigation: Making Sense of “Morality” – Part 2
Community Standards in Canada & Wills Variation Equality of Sons & Daughters In the previous post Estate Litigation: Making Sense of “Morality” – Part 1, we explored the intersection of morality and freedom of testators to disinherit beneficiaries (specifically) children whose conduct they may view as being immoral. The actions of the testator and their reasons for disinheriting beneficiaries are considered in the …Read more →