Will a Separate Residence Affect Your Spousal Status?
Recent case finds couple to be in a marriage-like relationship despite maintaining separate residences.
Curing Deficiencies in Wills – Contrasting British Columbia and Alberta
WESA should allow BC courts broader power to cure deficiencies in wills than courts have in Alberta.
When are Couples Considered “Spouses”?
Recent case outlines objective and subjective factors for determining whether couples are spouses.
Court clarifies WESA notice requirement
Dates of mailing notice of intended estate grant applications should be included in affidavits.
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.
A Look At Military Wills
The law in BC eases some of the formalities required for military wills.
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
WESA Summary
Clark Wilson’s Wealth Preservation Group has prepared a summary of the new WESA
Wills, Estates and Succession Act Now In Force
BC Ministry of Justice has created a useful summary of the new WESA