All posts in the ‘Wills’ category

Court allows disinheritance of estranged children

The recent decision of Kong v. Kong confirms (and not for the first time) that in some circumstances the court will support the decision of a parent to exclude an adult child from their will entirely, and deny a claim under BC wills variation legislation. In this case the court disallowed the claims of two disinherited sons, and… View this post »

The Even-Hand Rule

If you are acting as an executor, it is important to remember the even-hand rule: unless the Will says otherwise, the executor must treat all of the beneficiaries equally (i.e. with an even hand). The even-hand rule is not always straightforward because different beneficiaries may receive different interests in the estate.  Consider a case where… View this post »

Application of WESA: Date of Death or Date of Will?

Since March 31, 2014, the Wills, Estates and Succession Act (“WESA”) has been the applicable legislation regarding wills and estates matters in British Columbia. WESA gives the courts the power to “cure” deficiencies in Wills that would formerly have been invalid for failure to comply with the required formalities under the less forgiving Wills Act… View this post »