Wills Variation Claims: Evaluating the Claims of Adult Independent Children
A significant portion of Estate Litigation in British Columbia involves cases where adult children have been disinherited from a parent’s will. Section 60 of the Wills, Estates and Succession Act permits adult independent children to ask the Court to vary the Will of their parent if the will maker did not make adequate provision for the child. The legislation uses …Read more →
Becoming Administrator of an Estate
Estate litigation lawyers will always harp on the importance of having a will. When someone dies without a will, they are considered to have died intestate. In the situation of an intestacy, someone must apply to be the Administrator of the Estate of the Deceased. The Administrator’s role is similar to that of an Executor except that the Administrator provides …Read more →
WESA: Witnesses and Gifts
The Wills Estates and Succession Act (“WESA”) is the governing legislation with respect to the litigation determining the validity of gifts made in Wills for persons domiciled in British Columbia. One interesting issue that can arise is a beneficiary to a will (meaning someone who receives a gift in the will) is also one of the witnesses to the will. …Read more →