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 →
Cancelling a Certificate of Pending Litigation – Vancouver Litigation Lawyers
One of the tools that litigants have to secure potential proceeds in a successful estate litigation lawsuit is the use of certificates of pending litigation. A Certificate of Pending Litigation (“CPL”) is a charge on a property that can secure a litigants interest in a property by stopping the owner from either selling or refinancing the subject property. However in …Read more →
Curing Deficiencies in Wills With WESA – Part 2
In part 1 of this blog series, we began discussing the case of Skopyk Estate, 2017 BCSC 2335 where the British Columbia Supreme Court was asked to consider an application under s. 58 of the Wills Estates and Succession Act (“WESA”) to determine if an unsigned handwritten document of the Deceased had sufficient testamentary intent to revoke or alter a …Read more →