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…
Almost every estate has some assets left after all the gifts have been distributed and estate expenses have been paid – this is called the residue of the estate. In some cases, the residue of the estate is the largest…
It’s not uncommon for a will-writer to want to make a modification to an outdated will that they’ve written years ago. Often times, will-writers only want to make small changes to their will – maybe changing a single sentence in…
In estate law, gifts and the context under which they were given is one of the most common issue that families litigate over. There are many different types of gifts a testator can give, each with specific requirements to be…
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…
Inheriting a property can be a bittersweet experience, filled with emotions and legal complexities. One such complexity arises when the inherited property has an active mortgage. This situation can lead to a host of questions: What are your responsibilities as…
Estate litigation can be a complex and expensive process. Understanding the legal costs involved is crucial for both executors and beneficiaries facing litigation or those considering raising a claim. In this article, we'll take a look at how B.C. Courts…
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…
