Using Notional Separation in WESA – Part 2
Notional separation can be useful tool in determining the legal duty owed to a spouse who is not adequately provided for in their deceased spouses will. In part 1 of this blog series, we reviewed the principles behind using the tool of notional separation as a way to measure a spouse’s entitlement in an estate litigation case. What is Notional …Read more →
Using Notional Separation in Wills Variation Actions
What is Notional Separation in Wills Estates and Succession Act (WESA)? The Wills Estates and Succession Act provides spouses and children with the ability to challenge the will of a deceased spouse or parent if they believe that they have not been adequately provided for. In the case of the spouses, one tool that the Courts have used in determining …Read more →
Curing Deficiencies in Wills With WESA – Part 2
In part 1 of this blog series, we began discussing the case of Skopyk Estate, 2017 BCSC 2335 where the British Columbia Supreme Court was asked to consider an application under s. 58 of the Wills Estates and Succession Act (“WESA”) to determine if an unsigned handwritten document of the Deceased had sufficient testamentary intent to revoke or alter a …Read more →