What is the Residue of an Estate?
What is the Residue of an Estate? When it comes to discussions, Wills and Estates, some of the terminology can be quite confusing for laypersons. One of the more significant terms that can arise in the course of Estate litigation is the question of what is the residue and who are the residual beneficiaries? The residue of an Estate is …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 →
WESA: What if a Will overpromises and the Estate under delivers?
Estate litigation is often comprised of multiple parties focusing on how the proceeds in an Estate are to be distributed. However, a circumstance that can arise is when a testator “over-promises” in their will and when they pass, their Estate has insufficient funds to deliver on all the gifts. The Wills, Estates and Succession Act has a specific section that …Read more →