VANCOUVER, BC—(Marketwired – August 16, 2017) – Wills are very important legal documents with significant ramifications. As a team of Vancouver lawyers, the members of Kushner Law work to give a legal voice to the wishes of their clients, because if a will is challenged, the validity of the will could well be what determines the outcome of a case. For more, go to: http://kushnerlaw.ca/vancouver–lawyers–makes–will–part–1/
According to the article, Section 37 of the Wills, Estates and Succession Act sets out specific requirements as to what constitutes a valid will. There are other sections of WESA that deals with the validity of wills in specific circumstances, however Section 37 specifically states:
37 (1) To be valid, a will must be
(a) in writing,
(b) signed at its end by the will–maker, or the signature at the end must be acknowledged by the will–maker as his or hers, in the presence of 2 or more witnesses present at the same time, and
(c) signed by 2 or more of the witnesses in the presence of the will–maker.
(2) A will that does not comply with subsection (1) is invalid unless
(a) the court orders it to be effective as a will under section 58 [court order curing deficiencies],
(b) it is a will recognized as valid under section 80 [validity of wills made in accordance with other laws], or
(c) it is valid under another provision of this Act.
One particularly critical aspect of Section 37 is that it refers to Section 58, which allows the Court, on application by a party, to “cure a deficiency” in a will that does not meet the full qualifications under section 37.
Make sure to come back and check Kushner's corporate website again, because the next blog considers a decision by the Honourable Mr. Justice N. Brown, who was asked to confirm the validity of a “will–like” document in the case of the Litke Estate (Re), 2017 BCSC 1079.
Anyone involved in Estate Litigation can call Kushner Group 604–629–0432 to schedule a consultation.
About the Company
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.
For additional information, please visit http://kushnerlaw.ca/ or call 604–629–0432.