What Is Section 58? Section 58 of the Wills, Estates and Succession Act has fundamentally changed estate litigation in British Columbia. Before WESA, a testamentary document that failed to comply with execution requirements often failed entirely. Today, the Court possesses a broad statutory power to cure defects and validate informal testamentary documents. For litigants, lawyers, […]
The Modern Reality of Estate Planning Many people assume that a will must be prepared by a lawyer, signed formally, and witnessed in strict compliance with the Wills, Estates and Succession Act (“WESA”) to be valid. While formal compliance remains the gold standard, British Columbia law recognizes an important reality: people sometimes make genuine testamentary […]
Disclaimer: This is general information and not legal advice. Procedure and deadlines can be case‑specific. The first strategic decision: stop the grant (or not) In BC, a common early tool is the Notice of Dispute under Supreme Court Civil Rule 25‑10, which can prevent the registrar from issuing the estate grant while the dispute is […]
Disclaimer: This article is general information and not legal advice. Evidence rules and procedure matter. The core principle: Courts decide will contests based on the evidentiary record Most clients begin with a narrative: “This doesn’t make sense.” Courts require more. The winning approach is an evidence-first build: capacity, knowledge/approval, and undue influence must be proven […]
Disclaimer: This article provides general information, not legal advice. Every case turns on its own facts and evidence. The starting point: a will is presumed valid—until “suspicious circumstances” are raised In British Columbia, a will challenge is not about whether the result is “fair” (that is usually a wills variation issue). A validity challenge asks […]
More than half of those living in British Columbia do not have an estate plan. It may be easy to list the reasons why, including the fear of facing their mortality, misconceptions about the purpose of an estate plan and, of course, the cost. Therefore, it might seem that those who choose do-it-yourself kits to […]
Buying a business is a major commitment in terms of the time, money and personal resources it takes to take on this type of transaction. As such, it is critical to prepare for the possible obstacles and complications that can arise. If you are an entrepreneur wanting to buy an existing business, you should know […]
Some people may consider estate planning a “set it and forget it” exercise. However, without regular review, British Columbia estate planners may find that their wills become outdated, or they may miss key elements altogether. Regular stress tests, ideally done as a family with the support of a legal professional, can prevent mistakes or gaps in planning. […]
There are many reasons people might put off estate planning. One common reason is that they believe that it is unnecessary since all assets are co-owned by a spouse or, less commonly, children. The thought process here is that if one dies, the other will simply inherit the assets. While this might seem straightforward, forgoing wills […]
When marriages end, there are many short-term and long-term legal, financial, and logistical considerations. One significant thing British Columbia divorcees should consider is how the divorce will impact their estate plans. Spouses have significant roles and entitlements when it comes to their partner’s plans for incapacity or death. As such, it is important to revisit wills when […]