WESA: Witnesses and Gifts
The Wills Estates and Succession Act (“WESA”) is the governing legislation with respect to the litigation determining the validity of gifts made in Wills for persons domiciled in British Columbia. One interesting issue that can arise is a beneficiary to a will (meaning someone who receives a gift in the will) is also one of the witnesses to the will. …Read more →
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 →
When to Revise a Will?
Wills & Estate litigation lawyers are quick to emphasize the importance of having a will. However, one thing that is often not considered is when is it appropriate to revise a will. We recommend that our clients review their wills every 3-5 years to ensure that estate planning goals remain the same. Other important times to revise a will include: …Read more →