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 →
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 →
Curing Deficiencies in a Will with WESA – Part 1
The adoption of the Wills Estates and Succession Act (“WESA”) has provided Estate Litigation lawyers with many new and interesting tools to use when assisting their clients with estate issues. One of the more interesting aspects of WESA is the power of the is section 58 which permits an application to seek an Order from the Court curing a deficiency …Read more →