Your Rights in a Wills Variation Claim
In British Columbia wills variation claims, only spouses and children (adopted and biological) have the right to vary a deceased loved one’s will. However, changes to the Family Law Act have made some families question if their rights in a wills variation claim have been altered–especially when the deceased was involved in a short term […]
What Constitutes a ‘Spouse’ Under WESA?
The Wills, Estates and Succession Act (WESA) is the legislation that governs the probate process in British Columbia. Crucial to wills variation cases under the WESA is the question of standing, or sufficient cause and connection to the case to initiate legal action. Spouses have the right to challenge a deceased loved one’s will if […]
Do I Need an Estate Litigation Lawyer?
You may think that as long as there is an estate plan, such as a will, there is no need to hire an estate litigation lawyer. Unfortunately, many families do not realize there are errors in the will or other estate planning documents until it’s too late. When it comes to wills variation in British […]
Testamentary Capacity & COVID-19: What You Need to Know
COVID-19 has complicated daily life, and the legal system has not been immune to it. With many families creating their estate plans to plan for the future should something happen, the question of how the coronavirus impacts an individual’s testamentary capacity has come into play. Here’s what you need to know about testamentary capacity and […]
Signs of Undue Influence
When you have an elderly or disabled loved one, it’s easy to become concerned that the people caring for them or spending extended amounts of time with them are pressuring them into choices outside of their control. In many cases, this fear is unfounded but, when your loved one passes and suddenly elements of their […]
