Testamentary Capacity: Hearsay Evidence as to State of Mind
In Chang Estate v. Chang, 2013 BCSC 976, aff’d 2014 BCCA 28, the court relied on hearsay evidence in determining the validity of a will which essentially…
Disinherited Son Unsuccessfully Challenges Mother’s Will
In Chang Estate v. Chang, 2013 BCSC 976, aff’d 2014 BCCA 28, a mother prepared a will that disinherited her son – he challenged his disinheritance, but…
Vancouver Estate Litigation: Handwritten Wills
Can a handwritten will be valid? In Hadley Estate (Re), 2016 BCSC 765 the court was asked to decide whether a handwritten journal entry described as a…
Using WESA to cure deficiencies in a will
In Hadley Estate (Re), 2016 BCSC 765, the British Columbia Supreme Court was asked to use the discretion conferred by the Wills, Estates and Succession Act, S.B.C….
Dementia, Undue Influence and Testamentary Capacity
In Elder Estate v. Bradshaw, 2015 BCSC 1266, disinherited family members questioned the testamentary capacity of their elderly uncle who, while in the early stages of Alzheimer’s-related…
Dementia and Mental Capacity to Leave Estate to Caregiver
Can family members argue that an elderly relative with dementia lacked the mental capacity to change his will to make his younger female caregiver the only beneficiary?…
Settling an estate: Denied a share of parent’s property
Your mother passes away and steps of settling the estate begin. You assumed that on her death you and your siblings would each get an equal share…
Can You Vary a Will Depending on an Independent’s Financial Needs?
The court will be hesitant to interfere with a competent will maker’s testamentary authority where the will provides equal distribution of the estate between independent adult children….
A Presumption of Undue influence Where one Party Can Dominate Another
The case of Longmuir v. Holland, 2000 BCCA 538 is a tale the presumption of undue influence and testamentary incapacity; and a dispute between two nieces of a widow…