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. This law ensures that spouses and…
Regardless of what an executor might think, beneficiaries (and people allowed to challenge a will even if they are not a beneficiary in the will: spouses and children) are legally entitled to receive a copy of the testator’s will. When…
As a beneficiary of a will, it can be frustrating to wait for the executor to apply for a grant of probate. Unfortunately, some executors deliberately delay the administration process or completely fail to take action. Regardless of how slow…
Wills in BC can be ruled invalid if a claimant can prove the testator was under undue influence at the time of the will-writing. Undue influence canbe described as an influence causing the execution of a will which pretends to…
In BC, a will can be challenged in court if it is believed to be invalid or unfair. A will is presumed to be valid if it meets the formal requirements for the signing of a will. These requirements are:…
Claims regarding suspicious circumstances arise when a claimant has reason to believe that a will is invalid due to the circumstances under which it was written. If there is evidence that the circumstances under which the will was written interfered…
In order for a will to be deemed valid, it must be duly executed, and the will-writer must have knowledge and approval of the will as well as having testamentary capacity at the time of it's drafting. In BC, lack…
Unfortunately, people break their promises, sometimes with vast consequences suffered by one party. In estate related matters, people can make life-changing decisions based on promises made to them. When a promise is made, but the promisor’s will says otherwise, or…
For everyone, it’s important that a detailed estate plan is prepared, specifying exactly how you want your estate to be handled after you pass away. For some business owners, their business is the biggest part of their estate and it’s…
While BC has some of the most sympathetic laws in all of Canada for people who have been unfairly disinherited, parents can disinherit their children from their will if they have valid and rational reasons. Many provinces allow will-writers to…
