Unfair provisions in a will can be changed under the Wills, Estate and Succession Act (WESA) in British Columbia. However, the recent B.C Supreme Court case of Rawlins v. Rawlins (2023) demonstrated that even a will divided into equal shares…
Executors have a duty to act in the best interests of the estate and its beneficiaries. Occasionally, executors act in breach of this trust, often accidentally. However, there are ways in which courts can impose penalties for executors breaching trust.…
The recent BC Court of Appeal case of Tom v. Tang (2023) demonstrated again that BC Courts are willing to change the contents of a will under the Wills, Estates and Succession Act (WESA). In this blog, we'll cover the…
When first setting out to write a will, many people have no idea where to start. It’s very common for a first-time will writer to underestimate the complexity of their estate, especially if they hope to maximize the value of…
Upon an individual's death, estate administration commences, and the executor undertakes the task of distributing assets to beneficiaries as per the deceased's will. When the deceased has an interest in a private corporation, handling shares differs from managing simpler assets…
It’s not uncommon for a will-writer to want to make a modification to an outdated will that they’ve written years ago. Often times, will-writers only want to make small changes to their will – maybe changing a single sentence in…
Various different legal remedies ensure that estates distribute as the testator intended and prevent invalid disinheritance. However, claimants must adhere to certain deadlines to initiate an estate litigation case. Typically, estate litigation cases have a limitation period of either two…
In BC, courts can rule a will unfair and have it revised - or varied - if it does not make ‘adequate provision for the proper maintenance and support’ of the will-maker’s spouse or children. The Courts have the authority…
The family vacation home is a place where some of us have our fondest memories. A vacation home can be a special place where people look forward to their next visit all year long. Vacation home owners often find it…
