SOURCE: Kushner Law

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August 16, 2017 16:23 ET

Vancouver Lawyers Explain What Makes a Will

new blog published by Vancouver lawyers sets out the specific requirements on how to write a valid will

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.

Contact Information

  • Kushner Law Group
    Lars Kushner
    Phone 604-629-0432
    Fax 604-689-4451
    Company website: http://kushnerlaw.ca/
    1008 Beach Ave #105