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 →
Summary Trials in Estate Litigation – Part 2
In part one of this blog, we discussed some of the benefits of summary trials in Estate litigation and their limitations. In the recent decision of Boyd v. Shears 2018 BCSC 194, Mr. Justice Smith was asked to hear a wills variation application under the Wills Estates and Succession Act. In this circumstance all of the parties agreed that will …Read more →
Summary Trials in Estate Litigation – Part 1
Estate litigation can often be complex, time consuming and costly. Our court system in British Columbia is already overburdened with a number of cases and obtaining a trial date can often involve a significant waiting period. Additionally, the cost of taking a matter to a conventional trial can be prohibitive. One option for potential litigants is to have the …Read more →