BC Court Developing Law on When a Document is a “Will”
Principles to be taken from the first two cases decided under s. 58 of WESA.
Court Orders a Letter to be Effective as the Last Will of the Deceased
Court uses new WESA provision to proivde flexibility in relation to formal requirements of wills.
Will a Separate Residence Affect Your Spousal Status?
Recent case finds couple to be in a marriage-like relationship despite maintaining separate residences.
Does the Public Guardian and Trustee Charge Fees?
The PGT is partially funded by the fees it collects.
What happens when a beneficiary is criminally responsible for the deceased’s death?
Persons cannot benefit from their own crime, even through inheritance
Court clarifies WESA notice requirement
Dates of mailing notice of intended estate grant applications should be included in affidavits.
Transitioning to WESA
WESA provides that the old legislation will often apply if the deceased died prior to WESA
New Survivorship Rules
WESA abolishes presumption that older person dies first when sequence of death cannot be determined
WESA – Important Change relating to Committee or Attorney Transfers
Under WESA, beneficiaries can receive the equivalent value of gifts that have been transferred away by a representative
Text Message Wills?
Although a recent Swedish case rejected a text message will, WESA could give courts the discretion to find them valid
WESA Tips and Traps: Mandatory Hold Period
WESA will require executors to wait a mandatory period before distributing estate assets
BCSC Provides Much Needed Guidance for Trust Proceedings
BCSC provides guidance for when relationships between trustees and beneficiaries have broken down