Archive for May, 2014

Wills Variation – Estrangement Does Not Necessarily Negate Moral Duties

The British Columbia Supreme Court recently handed down a Wills Variation Act (“WVA”) decision in McEwan v. McEwan, 2014 BCSC 916.  This case involved a grandfather (“Angus”) who left his entire estate (the “Estate”) to his two granddaughters, overlooking his only son (“Malcolm”).  The Court varied Angus’ Will and award Malcolm a portion of the… View this post »

Curing Deficiencies in a Will – Examples from Other Provinces

As we have previously discussed, section 58 of the Wills, Estates and Succession Act allows the Court to declare that a writing, document, or record that does not meet the formal requirements for the execution of wills is, nonetheless, fully effective as a will.  This is a substantial change to the law in our province. … View this post »