Estate Litigation – Undoing “Undue Influence”
Critical Changes to Claiming “Undue Influence” in BC Estate Litigation The Wills, Estates and Succession Act (“WESA”) came into force on March 31, 2014 and with it came substantial changes in respect of many aspects of estate litigation. One of the critical changes introduced by WESA involves allegations of “undue influence”. S. 52 of WESA states: Undue Influence on Will-Maker 52 In a proceeding, …Read more →
Changes to Estate Litigation: Spouses & Separation
Wills, Spouses, & Separation: Changes to BC Family Law & Estate Litigation Law Family Law and estate litigation have both undergone significant changes in recent years here in British Columbia with the introduction of the Family Law Act on March 18, 2013 and the Wills, Estates and Succession Act (“WESA”) which came into force on March 31, 2014. These two new pieces of …Read more →
Challenging a Will in BC: Moral Obligations Threshold Test
Considering Cases: Separated Spouses against Life Long Friends Tippett v Tippett Estate, 2015 BCSC 291 At the Kushner Law Group, we strive to make sure our clients understand new and interesting developments in the law to make sure they are well advised about the potential outcomes of their cases. In the case considered below the Court was required to consider the …Read more →