Archive for the ‘Wills and Estate Litigation’ Category

White-out Of Beneficiary’s Name – An Effective Disinheritance?

By Angela Price-Stephens
In the recent case of Levesque Estate (Re), 2019 BCSC 927 Justice Gomery considered whether the beneficiary, whose name was obscured by white-out, was effectively disinherited.

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Fixing a Defective Will

By Angela Price-Stephens
The recent case of Re Cook Estate 2019 confirms the two-part test for considering applications to cure a defective will under Section 58 of the Wills, Estates and Succession Act.

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Beneficiary Actions on Behalf of the Estate

By Angela Price-Stephens
Section 151 of the Wills, Estate and Succession Act allows a beneficiary or intestate successor (someone who may inherit if there is no Will) to apply to the Court for leave to bring an action.

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Marriage-Like Relationships Come in Various Shapes

By Angela Price-Stephens
Connor Estate 2017 confirms that marriage-like relationships can exist where one member of such relationship is already married.

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What is Estate Litigation?

By Angela Price-Stephens
In simple terms an estate is everything a person owns and owes, or their net worth.  Assets within an estate may include property, money in the bank, car, personal belongings, rights to income and anything else of worth.

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Curing an “Invalid Will”: Section 58 of WESA

By Parveen Shergill
WESA sets out certain “formal requirements” for a will to be considered valid.

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Capacity To Make A Will: Medical Evidence Is Not Always The Last Word

By Pushor Mitchell LLP
In matters of mental capacity, the evidence of doctors is often conclusive. It is not often that the opinion of a lawyer about mental capacity trumps that of a doctor, and rightly so, since doctors applying scientific diagnostic criteria and experience have the expertise to properly answer questions about mental capacity. However, in some situations, a Court may prefer non-expert evidence of capacity to the extent it is focused on a [...]

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Minimizing Probate Fees With Multiple Wills

By Melodie Lind
In British Columbia, a deceased’s will must be submitted for probate in order for the executor of the estate to properly deal with and transfer certain assets of the estate. Probate fees become payable once the estate is probated. One strategy that is available in some circumstances to reduce the probate fees payable is the use of multiple wills.

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BC Court Weighs In On Fraudulent Conveyance Act In Estate Planning Case

By Joni Metherell
A recently released decision of the British Columbia Supreme Court may have brought some clarity to a thorny issue faced by many estate planners: Is it possible for a person to divest themselves of all their assets prior to death if the effect of doing so is to disinherit a spouse or child?

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Executor’s Duties

By Vanessa DeDominicis
What happens if you are appointed Executor?If you have been appointed Executor in a Will there are a wide range of obligations and responsibilities that you must fulfill. However, if you do not wish to act as the Executor, you may decline to do so by renouncing your Executorship and signing the appropriate documents so that the Alternate Executor may act or so that some other person may apply for Letters of Administration.What do Executor [...]

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Challenging a Will – Part One

By Pushor Mitchell LLP
 “If a man dies and leaves his estate in an uncertain condition, the lawyers become his heirs.” -           Edgar Watson Howe - One of the wisest things that a person can do for his or her family is to prepare a Will. A well-prepared Will, will provide clear instructions to an Executor to administer and ultimately distribute the testator’s Estate.   But having [...]

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