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Recent Posts
Below is a preview of the five most recent posts from the blog Rule of Law. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Henriksen Estate
The Wills, Estates and Succession Act allows the court to give effect to a document or other record as a will even though the will does not comply with the formal signing and witnessing requirements for making a valid will in British Columbia. Section 58 has been used to non-compliant documents if … Read more »
- Is Someone Named in a Lawsuit as both an Executor and Personally Separate Persons?
It is common for a person to be named in an estate lawsuit to be named personally and as an executor or administrator. For example, in British Columbia, in a wills variation claim, it is necessary for the plaintiff to name the executor of a will as well as all the beneficiaries (and anyone else who … Read more »
- Boisvert Estate
The British Columbia Wills, Estates and Succession Act (the “WESAâ€�) allows the spouse of someone who dies without a will to retain the deceased’s interest in the spousal home as part of the spouse’s share of the estate. This will apply when the residence is in British Columbia. In British C … Read more »
In the decision of Paige v. Noel, 2025 BCCA 358, the British Columbia Court of Appeal has arguably narrowed the criteria for determining whether to give effect under section 58 of the Wills, Estates and Succession Act (the “WESAâ€�) to a document or other record that does not comply with the form … Read more »
- Pelletier v. Pelletier
The case of Pelletier v. Pelletier, 2025 BCSC 43, is about allegations of financial abuse by a granddaughter of her grandfather’s wealth at a time when he was vulnerable and had been diagnosed by both a physician and a geriatric psychiatrist with dementia. The physiatrist wrote a letter in Novembe … Read more »