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 →
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 →
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 →