Last blog added on Tuesday, September 7th, 2021

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Recent Posts

Below is a preview of the five most recent posts from the blog Disinherited Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Mental Capacity to Make a Will

    Henderson v Myler 2021 BCSC 1649 discussed inter alia mental capacity to make a will.   Determining whether a testator has the mental aka testamentary  capacity to make a will is a highly individualized and fact-specific inquiry. The analysis distinguishes between capacity as a medical concept or di … Read more »

  • Limitation of Actions- New Rules

    The Supreme Court of Canada in Grant Thornton LLP v New Brunswick 2021 SCC 31 provided new guidelines for when a plaintiff discovers or should have discovered that a claim has arisen, thus starting the limitation clock. The SCC upheld the trial judge who dismissed a substantial claim for an auditor’ … Read more »

  • S. 58 WESA- Curing A Defective Will

    Henderson v Myler 2021 BCSC 1649 is another case dealing with the curative powers of S. 58 WESA to fix a will that otherwise would not be valid due to defective witnessing procedures and the like.   Section 58 is a curative provision, conferring broad discretion on the court to relieve against the c … Read more »

  • Dysfunctional Families: First Families vs Second Families

    It is a not uncommon fact pattern in estate planning and in our office litigation for a will-maker to have had one previous family, including children, before eventually having a different partner and new children later in life. In litigation terms it is the first family vs. the second ( or more)  f … Read more »

  • Wills Variation ( S 60 WESA) Is Discretionary

    Kish v Sobchak 2016 BCC65 discussed how the claim of wills variation is discretionary top the trial judge and how the appeal court should deal with such. The entire jurisdiction of the trial judge under this statute is discretionary in character. The relief which may be granted under it is completel … Read more »