In the 2010 case of LeVierge v. Whieldon, the BC Supreme Court examined the rights of a parent to exclude estranged children from their will under the Wills, Estates, and Succession Act (WESA). In this article, we’ll summarize the rights…
Unfair provisions in a will can be changed under the Wills, Estate and Succession Act (WESA) in British Columbia. However, the recent B.C Supreme Court case of Rawlins v. Rawlins (2023) demonstrated that even a will divided into equal shares…
Executors have a duty to act in the best interests of the estate and its beneficiaries. Occasionally, executors act in breach of this trust, often accidentally. However, there are ways in which courts can impose penalties for executors breaching trust.…
The recent BC Court of Appeal case of Tom v. Tang (2023) demonstrated again that BC Courts are willing to change the contents of a will under the Wills, Estates and Succession Act (WESA). In this blog, we'll cover the…
Various different legal remedies ensure that estates distribute as the testator intended and prevent invalid disinheritance. However, claimants must adhere to certain deadlines to initiate an estate litigation case. Typically, estate litigation cases have a limitation period of either two…
In BC, courts can rule a will unfair and have it revised - or varied - if it does not make ‘adequate provision for the proper maintenance and support’ of the will-maker’s spouse or children. The Courts have the authority…
Sometimes, due to the drafting lawyer’s negligence, a will may not reflect the testator’s requests, unbeknownst to them. Perhaps the lawyer failed to carefully review the directions given to them by the testator, or improperly applied the law, making an…
Typically, before naming someone as executor in a will, the will-writer (or testator) asks the person if they’re comfortable with being their executor. Often, without fully understanding the legal duties and obligations associated with being an executor, the person accepts.…
When people are involved in small-scale estate litigation cases, they commonly wonder whether they can represent themselves in order to save money in legal costs. In short, the answer is yes; people are allowed to self-represent themselves in BC; however,…
In BC, courts can rule a will unfair and have it revised - or varied - if it doesn't make ‘adequate provision for the proper maintenance and support’ of the will-maker’s spouse or children. This law ensures that spouses and…
