Ordinary Residence in Estate Litigation
While jurisdictional disputes are important in many differing types of litigation, in Estate litigation particularly, a determination with respect to jurisdiction can be critical as to whether a disinherited spouse or child can bring a claim for a variation of a will. Under the Wills, Estates and Succession Act (“WESA”), a person must be an “ordinary resident” of British Columbia …Read more →
Vancouver Lawyers What Makes A Will – Part 2
In Part 1 of this Vancouver Lawyers What Makes A Will series, we considered the requirements as set out in the Wills Estates and Succession Act with respect to how to make a valid will under s. 37. In the recent decision of Litke Estate (Re), 2017 BCSC 1079, the Honourable Mr. Justice N. Brown heard an application from a …Read more →
Vancouver Lawyers What Makes A Will – Part 1
It is an understatement to say that Wills are very important legal documents with significant ramifications. Wills give a legal voice to the wishes of the Deceased and are arguably the most important document with respect to estate planning and transfer of wealth. In many Estate litigation cases, much of the case turns on the validity of the will. …Read more →