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…
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…
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…
BC Estate Litigation FAQ: Can a handwritten document alter an earlier will?
A handwritten document can be effective as a will or codicil to a will if the court is satisfied that the document is a deliberate or fixed…
Will Not Updated Post-Separation, But Former Spouse Still Inherits Ex’s Estate
When married or common-law partners cease to be spouses, s. 56(2) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 (“WESA”) automatically revokes testamentary gifts…
Can a Suicide Note be a Valid Will?
In certain circumstances a handwritten document can be effective as a valid will, as our Vancouver estate lawyers have discussed. Similarly, under the right conditions, a handwritten…
Who Pays the Costs of Vancouver Estate Litigation?
At the close of a Vancouver estate litigation matter, are costs paid out of the estate or is unsuccessful party personally liable for those costs? The answer…
BC Estate Litigation Determines Authenticity of Handwritten Change to Will
Can a handwritten document purporting to change a will be given legal effect via BC estate litigation? Section 58 of WESA is a broad curative provision. It provides the court with the discretion to validate a document which has not been made in compliance with the formalities of will-making and allow it to be admitted to probate, if satisfied that the document “represents the testamentary intentions of the will-maker.”
Changing a Will in BC: Beneficiary Disinherited by White-Out
There are specific requirements for changing a will in BC after it has been made, just as there are specific requirements for making a will in the…