Estate Litigation: Making Sense of “Morality” – Part 1
Estate Litigation: Morality & Wills Variation (Part 1) Grounds for Wills Variation Morality, and specifically community standards of morality, are not static concepts and they often evolve as communities embrace diversity and inclusiveness. Competing ideas of what is “moral” are often at the heart of wills variation and estate litigation claims where a deceased person may wish to punish his or …Read more →
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 →