What Can Void Gifts in a Will?
Many people assume they can gift from their estate in their will in any way they please. This isn’t always the case. Sometimes, the courts can rule a gift is void and modify a will. The first exception is for…
Children and Inheritance: When’s a Good Age?
For many parents, it's clear that their children will inherit most or all of their estate. However, the best means of giving their children their inheritance is less clear. Some worry that getting a large sum of money too young…
Moving to a Different Province: Do You Need to Write a New Will?.
Relocating to a new country means adapting to its estate laws. Your old will may not be valid there. It might need significant updates, or even a complete rewrite to ensure its validity in your new home. But, what about…
Drafting a Will: The Basics
Before worrying about technical requirements of a valid will, it’s important that testators understand the basics. Will writing goes well beyond simply distributing assets to different loved ones, and testators should understand this. Some of the most important tasks of…
Picking an Executor: Who Should You Choose?
Choosing an executor for your estate is a key step in the will-writing process. There are many factors to consider, and it’s not always as simple as choosing a family member or friend. The job of an executor can be…
Whiting-Out or Erasing Part of a Will: Valid Modification?
After a testator has finished writing their will, they may want to make a modification at a later date. There are specific procedures that will-writers must follow for any revision in a will to be legally valid. While it can…
Survivorship Period: The Five-Day Survival Rule
Will writers can specify a survivorship period where the beneficiary must survive the will-writer beyond a specified period, or else their gift will be lapsed and given to someone else. Essentially, a survivorship period gives the will-writer more power over…
Invalid Wills and Suspicious Circumstances: Undue Influence
Wills in BC can be ruled invalid if a claimant can prove the testator was under undue influence. Undue influence is an influence causing the execution of a will which pretends to express the will-maker’s mind, but in reality, does…
Suspicious Circumstances in Will-Writing: Who has the Burden of Proof?
When someone believes a will is invalid due to suspicious circumstances, they can challenge the will. The person challenging the will has the burden of proof- they must demonstrate that the will is invalid. If they can demonstrate that the…