Commencing Actions on Behalf of an Estate – Part 1
When the Wills, Estates and Succession Act was introduced, it provided Estate Litigation lawyers with a variety of new statutory tools to assist their clients in commencing action with respect to estate. S. 151 of the Wills, Estates and Succession Act (“WESA”) permits litigants to apply to the Court for leave (or permission) to commence an action on behalf of …Read more →
Will Making: Blog: Gifts to A Witness – Wiped Out or Salvageable ? – Part 2
When the Wills Estates and Succession Act (WESA) was introduced, it replaced a number of pieces of legislation including the Wills Act. One of the substantial changes was that under the Wills Act, gifts to a witness which were made in a Will was not valid. Section 43 of WESA provides a mechanism for the recipient of a gift to …Read more →
Making a Will: Gifts to A Witness – Wiped Out or Salvageable ? – Part 1
When a testator is making a will, it is a common rule in many jurisdictions, including British Columbia that the Will must be witnessed by two people who are not to be beneficiaries. The Witnesses do not need to be lawyers or notaries. Under the previous Wills Act, gifts made to witnesses or the spouses were considered to be void. However …Read more →