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 →
Removing Executor for Conflict of Interest Vancouver Estate Litigation Lawyers
Executors are critical cogs in the machinery of administering an estate. An issue that often arises in the context of Estate litigation is when a beneficiary would like to see an executor removed. Courts are reluctant to remove executors solely at the whim or request of a beneficiary in order to respect the principle of testamentary intent. However, there are …Read more →
Commencing Actions on Behalf of an Estate – Part 2
In part 1 of this blog, we began to review the decision of Terezakis v. Ekins, 2018 BCSC 24 where the Court was asked to consider an application being brought under s. 151 of the Wills Estates and Succession Act (“WESA”) by the son of the Deceased to bring an action on behalf of the Estate against his sister, the …Read more →