Revocation of Wills
In a previous blog post, we discussed the many circumstances wherein a testator (a will-maker) ought to consider making a new will. However, before someone makes a new will, it is important to consider how to properly revoke an old will. The Wills, Estates and Succession Act provides specific requirements as to how one can properly revoke an valid old …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 →
Estate Litigation Disputes – Testamentary Intent & Trial
One of the central issues in many estate litigation disputes centers around a specific question: what was the testator’s intent? Section 58 of the Wills Estates and Succession Act provides potential with a useful tool to cure defects in a will and to ensure that the testator’s last wishes get fulfilled even if they are some issues with respect to …Read more →