Worldwide: Wills/ Intestacy/ Estate Planning

Joint wills are not a common estate planning tool seen in British Columbia.

In British Columbia, a will may be proved as valid if (1) it was executed in accordance with the formal requirements set out in the Wills, Estates and Succession Act, SBC 2009, c 13 ("WESA"); and (2) it is substantively valid, meaning that the will-maker had testamentary capacity, knew and approved the contents, and was not subject to undue influence.

Occasionally, the time will arise in which a client requests the preparation of a Will or Trust that intentionally excludes a family member. When this occurs, it is imperative to address not only the formal requirement...