Category: Estate Litigation

Understanding the WESA Dispensing Provision | Klein Lawyers

What Is the Dispensing Provision Under the WESA?

The intent of the Wills, Estates and Succession Act (“WESA“) has been to honor the full wishes of the testator in their will. However, in order to do so, the Act has created a dispensing provision that gives power to the courts to determine what constitutes a valid will. Under Section 58 of the WESA, […]

Why You and Your Spouse Should Make Separate Wills | Klein Lawyers

Should Spouses Make Separate Wills?

You and your spouse may think the best way to avoid estate litigation upon passing is to create one will for the both of you. That way, each party’s wishes are accounted for. Unfortunately, it doesn’t actually work that way–spouses need to make separate wills specifically to avoid estate litigation in the future. Klein Lawyers […]

When to Dispute a Will | Klein Lawyers

Is It Worth Disputing a Will?

When you have been disinherited or a loved one has not provided adequate maintenance for you or your children, you likely are not only concerned about your own future, but of the cost of estate litigation. If it’s an issue with your spouse’s will, you most likely not only want to but will need to […]

Your Rights in Wills Variation Claims | Klein Lawyers

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 […]

How British Columbia Defines a Spouse

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 […]

When to Hire an Estate Lawyer

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 […]

How COVID-19 Affects the Capacity to Make a Will

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 […]

Undue Influence in Wills Variation Cases

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 […]

What Rights Do Stepchildren Have in Contesting a Will?

Stepchildren’s Rights in Will Variation

Under The Wills, Estates and Succession Act, stepchildren are not able to vary a will in British Columbia. But does this mean that stepchildren have no rights? The modern family is often blended, so now more than ever, many families are wondering whether or not there is any legal room for them. Klein Lawyers explains […]

Choose Wills Variation Lawyer

How to Choose a Wills Variation Lawyer in British Columbia

Many people believe that they can handle the legal matters of a loved one’s estate without issue and without a lawyer. However, when problems arise with a loved one’s will and you need to undergo estate litigation, you may feel overwhelmed. But how do you choose a wills variation lawyer in British Columbia? Klein Lawyers […]

Capacity for Drafting a Legally Valid Will

What Is Testamentary Capacity?

The capacity of an individual to make a legally valid will is often the subject of dispute in estate litigation. Because the Wills, Estates and Succession Act of British Columbia does not provide a definition for capacity, and the law in British Columbia has adopted a presumption that qualified individuals are capable of making a […]