Testamentary capacity describes the mental ability required to create a valid will. When individuals draft their wills, they must be of sound mind and capable of understanding the implications of their decisions. This is crucial in estate planning. It ensures…
Estate disputes are usually thought of as conflicts that arise after someone passes away. In some cases, these disputes begin while the will writer is still alive and can change their will. Pre-death litigation involves challenging a testator’s estate plan…
A will is invalid in BC if it isn’t compliant with the formal requirements of the Wills, Estates and Succession Act (WESA). In British Columbia, courts have the power to “cure” an invalid will which still represents the intentions of…
A testamentary contract allows a will writer to leave their estate to another person in exchange for something. Usually, this comes in the form of services, like end of life care for the will writer. A testamentary contract is a…
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…
