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 →
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 →
WESA and Jurisdictional Challenges – Part 2
In the first part of this Blog, we discussed the decision of Mr. Justice Cole in Cresswell v. Cresswell Estate, 2017 BCSC 178 where the Court was faced with an application by the Defedants in this matter for an Order that the Supreme Court of British Columbia did not have the jurisdiction to hear the matter or in the alternative …Read more →