Archive for May, 2013

Wills Variation under WESA

As we have previously mentioned, the Wills, Estates and Succession Act (“WESA”) comes into force on March 31, 2014. WESA will repeal and replace the Estate Administration Act, the Probate Recognition Act, the Wills Act, and the Wills Variation Act (the “WVA”). The WVA allows a spouse or child of the deceased make a claim on… View this post »

Is Friendship a bar to Trusteeship?

In a recent BC Supreme Court case, Re Newton Trust, 2013 BCSC 799, the court addressed the issue of appointing a third trustee to fill a vacancy left by the death of a former trustee (Mr. Mayson), where the two remaining trustees disagreed as to who should fill the vacancy. One of the remaining trustees… View this post »

Can you challenge a Will based on a broken promise?

Sabey v. Beardsley, a recent decision from the BC Supreme Court, involved a dispute as to the rightful owner of a farm property located in Langley. The dispute arose because the Will of the deceased (Kim von Hopffgarten) provided that the property would go to one person (Burgi Rommel) but the farm had been promised… View this post »