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Wills and estates 2025 BCSC 1240

Re: Peckover Estate

The court rectified Patricia Peckover’s will to remove subsurface mineral rights from the gift to Charles Peckover, and awarded costs from the estate.

  • Rectification of wills
  • Construction of wills
  • Extrinsic evidence admissibility
  • Costs in estate litigation
  • Rectification-of-wills
  • Wills-and-estates
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Wills and estates 2024 BCSC 1651

Chippett v. Seguin

The court upheld Donna Marie Wright’s August 15, 2022 will, found testamentary capacity, rejected undue influence, and ordered full indemnity costs from the estate.

  • Testamentary capacity
  • Undue influence
  • Formal execution of wills
  • Rebuttable presumption of knowledge and approval
  • Suspicious circumstances
  • Costs in estate litigation
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Wills and estates 2021 BCSC 2461

Gibb Estate (Re)

The court held that an unsigned 2017 will draft represented the deceased’s fixed and final testamentary intentions and was effective under s. 58 WESA.

  • Section 58 wesa curing deficiencies
  • Testamentary capacity
  • Knowledge and approval of will
  • Admissibility of medical records
  • Costs in estate litigation
  • Wills-and-estates
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Wills and estates 2021 BCSC 2043

Rhodes v. Myers

Estate petition in which the court removed a co-executor by consent, treated a sentimental bolt ring as estate property, and ordered it given to Allan on distribution.

  • Removal of executor/trustee
  • Validity of inter vivos gift
  • Testamentary capacity
  • Costs in estate litigation
  • Production of bank/account statements
  • Distribution of personal chattels
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Wills and estates 2019 BCCA 262

Wilton v. Koestlmaier

The Court of Appeal upheld a codicil disinheriting grandchildren, finding no suspicious circumstances, no capacity error, admissible medical evidence, and no costs error.

  • Testamentary capacity
  • Suspicious circumstances
  • Expert evidence admissibility
  • Presumption of capacity
  • Costs in estate litigation
  • Testamentary-capacity
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Wills and estates 2019 BCSC 927

Levesque Estate (Re)

The court held that a white-out alteration to a will was made by the deceased, satisfied s. 58 WESA, and validly revoked a granddaughter’s bequest.

  • Alteration of wills
  • Section 58 wesa orders
  • Testamentary intention
  • Formalities and validity of wills
  • Costs in estate litigation
  • Wills-and-estates
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Trusts and estates 2018 BCSC 336

Chalmers v. Chalmers Alter Ego Trust

The court awarded costs from an alter ego trust after finding the trust dispute fell within estate-litigation cost principles, but reduced the co-trustees’ recovery by 20%.

  • Alter ego trust validity
  • Trustee indemnity
  • Costs in estate litigation
  • Trust interpretation
  • Estate-litigation-costs
  • Trustee-indemnity
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Wills and estates 2017 BCSC 1946

Unger v. Unger Estate

The court varied a will under British Columbia’s Wills Variation Act, finding inadequate provision for a long-term spouse and ordering her 30% of the residue.

  • Wills variation act
  • Maintenance from estate
  • Spousal entitlement
  • Gifts and resulting trust
  • Family law act property division
  • Costs in estate litigation
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Wills and estates 2017 BCCA 311

Hadley Estate (Re)

The Court of Appeal dismissed an appeal about a handwritten 2014 journal entry, holding it did not represent the deceased’s final testamentary intentions under s. 58 WESA.

  • Section 58 wesa curative power
  • Testamentary intention
  • Admissibility of extrinsic evidence
  • Standard of review
  • Costs in estate litigation
  • Wills-and-estates
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.