DIY Will Declared Valid, as Were Gifts to Signing Witnesses
DIY Will Declared Valid, as Were Gifts to Signing Witnesses In Wolk v. Wolk, 2021 BCSC 1881, a BC man named Dawson Wolk prepared his own will…
BC Inheritance Turns on Common Law Relationship Status
In BC, a common law spouse automatically has a right to share in the estate if their partner dies without a will. When do romantic partners become…
Executors Denied Any Fee Despite Will Saying “May Claim” Up to 10% of Estate
The general rule is that an executor is entitled to compensation for their efforts in administering an estate. BC’s Trustee Act providesthat an executor is entitled to…
Unsigned Will Given Effect Despite Fluctuating Mental State of Will-Maker
In this article we will discuss important points from Gibb Estate (Re), 2021 BCSC 2461 https://www.bccourts.ca/jdb-txt/sc/21/24/2021BCSC2461.htm on mental capacity, validity of wills, and the court’s duty to…
The Legal Costs of BC Committeeship Applications
An application to the BC Supreme Court is necessary for a person to become the guardian or “committee” of an incapable adult. The court application for committeeship…
Dementia Raises Suspicion that Late-in-Life Will Not Valid
A late-in-life Will that disinherits certain children. Dementia and cognitive decline of the will-maker. Secrecy surrounding preparation of the new will. All of this led to a…
BC Court Declares Unsigned Will To Be Valid
In March 2020, the world ground to a halt as a result of the COVID-19 pandemic. Offices were shuttered and in-person meetings were only permitted for essential…
Adult Guardianship in BC: Resolving Competing Committeeship Petitions
Dementia, Alzheimer’s disease, and other medical issues can leave a person unable to look after themselves. When that occurs, a “committee” can be appointed by the BC…
Does a BC Family Law Claim Survive Death of a Spouse?
BC’s Family Law Act provides that, upon separation, each spouse has a right to an undivided half interest in all family property as a tenant in common,…
Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death
If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving…