Court of Appeal in the position of a Trial Court in Wills Variation Appeals
Appellate courts not required to defer to trial judge except on oral testimony in wills variation cases
Revoking a Will – Destruction of a True Copy Not Sufficient
Detroying true copy does not revoke will when original known to be safe elsewhere.
BC Court of Appeal Considers Validity of Conditional Donation Made to Charity
Conditional donation found to be valid inter vivos gift.
Wills Variation – Estrangement Does Not Necessarily Negate Moral Duties
Recent BCSC case indicates estrangement does not necessarily negate the will-maker’s moral obligations to a spouse or children
Curing Deficiencies in a Will – Examples from Other Provinces
New provisions in WESA on curing deficiencies in a will are similar to those in Manitoba and Saskatchewan
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
Be Mindful of What you Read
Baby boomers will pass on unprecedented amounts of wealth, but the next generation should not rely on inheritances.
Estate Planning and First Time Homebuyers
Joint tenancies can be convenient and economical, but are not without their difficulties
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
Testamentary Trusts and Why You May Need One
Testamentary trusts can be a useful estate planning tool for a wide range of individuals