Are there new Amendments coming to the Adult Guardianship Act?
Amendments will affect appointments of the PGT and the ways adults may challenge their certification
“Where there isn’t a will, there may be a way”: Mark Weintraub, Q.C. and Gordon Behan write on WESA for TLABC
In the Summer 2014 issue of The Verdict, the premier publication of the Trial Lawyers Association of BC (TLABC), Clark Wilson Partner Mark Weintraub, Q.C. ... Continued
A Committee’s Duty to Foster the Independence of the Patient
New provision of the Patients Property Act requires committees to foster the independence of patients
What happens when a beneficiary is criminally responsible for the deceased’s death?
Persons cannot benefit from their own crime, even through inheritance
Dispensing Power of the Court under WESA
The Wills, Estates and Succession Act (“WESA“) is now in force, and we are beginning to see its application in our estate practice. One of ... Continued
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.
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
Amy Mortimore and Gordon Behan to present at Trial Lawyers Association of BC event
Amy Mortimore and Gordon Behan are presenting at the upcoming TLABC Estate Litigation Seminar addressing the new omnibus estate legislation, WESA (Wills, Estates and Succession ... Continued
Transitioning to WESA
WESA provides that the old legislation will often apply if the deceased died prior to WESA
Text Message Wills?
Although a recent Swedish case rejected a text message will, WESA could give courts the discretion to find them valid