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 →
What Makes A Will Valid In Vancouver
Estate litigation lawyers know that one of the major reasons so many families end up tangled in Estate disputes is because there is a lack of clarity as to what the requirements are for a valid will. The Wills Estates and Succession Act (“WESA”) specifically sets out the requirements to make a valid will under British Columbia law. Section 37 …Read more →
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 →