YES! In Shopyk Estate, 2017 BCSC 2335, the validity of handwritten notes was brought to question during the estate litigation. A Deceased made a Will in 1995 which gave different shares to each of his two siblings and three nieces and nephews as residual beneficiaries. The Deceased became ill and prior to his death, told … Continued
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In our experience in handling estate litigation claims in Coquitlam, we’ve come across our share of succession story conundrums. Here’s a unique one: Can you change your Will after it’s signed by “whiting out” or crossing out the name of a beneficiary? Under the right circumstances, the answer is: Yes. This is a question the … Continued
Prior to her death, but after the estrangement with her daughters had ended, Mary visited her in-laws. Mary told her in-laws that “When I go, the girls will be in for a real shock, ha, ha, they don’t know that the house will be sold by the lawyer, and he will look after everything”. Her … Continued
Introduction There is an old adage that goes “you can choose your friends, but you can’t choose your family.” Friendship is an association by choice, while family is an association through birth. The law treats them differently. And in a passing observation, the law regulates the association through the happy accident of birth much more … Continued
Most of us assume when making our will that the terms we write down will be carried out in accordance with our wishes and that our assets will be distributed to those people we name. This, however, is not up always the case. Under the Wills and Succession Act, [SBC 2009] Chapter 13, ( WESA), … Continued
It’s not unusual for parents to have a jointly held bank account with an adult child. The question that arises upon the death of the parent, especially if there are other children of the deceased parent, is whose money is it? The Supreme Court of Canada has ruled that when a parent makes a gratuitous … Continued
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