Understanding Intestate Succession – Estate Litigation
Estate Planning and Estate Litigation lawyers often preach the importance of planning ahead and most importantly, executing a valid will that deals with all of your assets. However even in circumstances where someone has tried to make an estate plan, if the will is found to be invalid or poorly drafted so that all assets are not covered, the distribution …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 →
Compelling An Executor to Act – Part 2
When you are involved in Estate Litigation, if an Executor is unwilling or unable to act, it can create significant delays and frustrate claimants and or beneficiaries who are trying to prosecute their claim. In Part 1 of this Blog series, we discussed the expanded role of Citations under the Probate Rules. An alternative option to a citation is for …Read more →