The experienced Vancouver estate and contested will dispute lawyers of MacLean Estate Litigation are pleased to provide free written updates on the new Wills and Estate litigation rules established by WESA, the Wills, Estates and Succession Act.
These new rules have been in force since March 31, 2014 and now apply to all Vancouver contested Will dispute cases. Anyone going through the death of a loved knows how hard it is emotionally. Let’s face it – It’s even more stressful when you are embroiled in a contested Will dispute. The experienced Vancouver lawyers at MacLean Law will allow you to move forward with your life knowing you have received what is rightfully yours from your loved one’s Estate.
Remember, in British Columbia, in many circumstances, Wills can be changed by the Court, even after the death of the testator. If you have been disinherited, or if you just didn’t get your fair share, you owe it to yourself to contact us and discuss your options.
Our top-level Estate Litigation and Wills Variation lawyers are available to consult with you in our Vancouver, Surrey, Fort St John, or Kelowna offices. We can also meet with you in Whistler, Squamish, or just about anywhere else in the province. You can reach us in Vancouver at 604-602-9000, or toll-free throughout BC at 1-877-602-9900.
Gifts to witnesses who also signed the Will – Rules changed under WESA
The Wills and Estates Succession Act has modified the absolute prohibition on gifts being made to witnesses of a Will. It was felt this blanket rule was too harsh. However, the Court will still need to be watchful to ensure there is no “undue influence” or advantage taken of an elderly or infirm testator. The Official Government WESA Guide provides a ready summary of the changes:
SECTION 43
- Section 42 addresses the invalidity of gifts to witnesses and retains a presumption found in section 11 of the Wills Act that a gift to a beneficiary (or spouse of a beneficiary) attesting the Will is void if they were one of the parties who witnessed the Will.
- However, a flexible mechanism for saving gifts to witnesses has been added:
The person seeking to uphold the gift to the witness must satisfy the court that the will-maker knew and approved of the gift.
The “OLD” rule “was” a safeguard against fraud and undue influence, but it also operated harshly and unfairly. Therefore, if a person can satisfy a court that there was no fraud or undue influence involved in the making of the Will there is no reason that the gift should be void; as this would defeat the Will-maker’s actual intentions.
Subsection (4) has been amended by section 21 of the Wills, Estates and Succession Amendment Act, 2011 to clarify that the court may declare a gift is not void if a beneficiary’s spouse witnessed the will.
Our tenacious Vancouver Contested Will Dispute Lawyers are ready to help reduce your stress, get a prompt and fair estate settlement, and help you reach successful closure on any estate dispute so you can move forward with your life. Please call us now at 604-602-9000 or simply complete our online form.
