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 →
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 →