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Stan Rule

Hubschi Estate

By Sabey Rule Blog

The decision in Hubschi Estate, 2019 BCSC 2040, illustrates three significant points concerning the application of section 58 of British Columbia’s Wills, Estates and Succession Act, which allows the Supreme Court of British Columbia to give effect to a document or record that does not comply with the formal signing and witnessing requirements for a valid will. First, the case illustrates the importance of the factual context including the relationships between the deceased and the beneficiaries. Secondly, this case confirms that the court may give effect to a digital record on a computer. Thirdly, the maker of the document need not have intended that the specific document or record to operate as a will.

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Volovsek v. Donaldson

By Sabey Rule Blog

The provisions of the Wills, Estates and Succession Act (“WESA”) allowing a spouse or child to apply to vary a will if the will-maker has not made adequate provision for the spouse or child may be avoided by the will maker settling a trust during his lifetime, and holding significant assets in the trust.

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Amendments to section 151 of WESA

By Sabey Rule Blog

Section 151 of the Wills, Estates and Succession Act (the “WESA”), was amended effective September 16, 2019. This section allows someone who is not the deceased’s personal representative to apply to court to make or defend a claim on behalf of the deceased. The amendments make a number of procedural changes, some of which I will comment on.

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How to Properly Document a Transfer into Joint Tenancy

By Sabey Rule Blog

I have preached caution about the use of joint tenancies as an estate-planning tool to transfer wealth often from a parent to a child, or sometimes to some other relative or friend. One of the first blog posts I wrote back in September, 2005, was entitled “Six Potential Pitfalls Parents Should Consider Before Transferring Real Estate Into a Joint Tenancy with Their Children.” There are in fact more than six, and I won’t repeat them all here. Instead I want to focus on how to properly document a transfer into a joint tenancy when the transfer is done as part of an estate plan.

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