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 →
Summary Trials in Estate Litigation – Part 2
In part one of this blog, we discussed some of the benefits of summary trials in Estate litigation and their limitations. In the recent decision of Boyd v. Shears 2018 BCSC 194, Mr. Justice Smith was asked to hear a wills variation application under the Wills Estates and Succession Act. In this circumstance all of the parties agreed that will …Read more →
Summary Trials in Estate Litigation – Part 1
Estate litigation can often be complex, time consuming and costly. Our court system in British Columbia is already overburdened with a number of cases and obtaining a trial date can often involve a significant waiting period. Additionally, the cost of taking a matter to a conventional trial can be prohibitive. One option for potential litigants is to have the …Read more →