What Makes A Will Valid In Vancouver

Estate litigation lawyers know that one of the major reasons so many families end up tangled in Estate disputes is because there is a lack of clarity as to what the requirements are for a valid will. The Wills Estates and Succession Act (“WESA”) specifically sets out the requirements to make a valid will under British Columbia law. Section 37 of WESA provides the following:

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.

Vancouver Wills & Estate Lawyers

If you would like to make a will or are in a dispute related to Estate litigation, contact the Kushner Law Group today to schedule a consultation.

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