Vic’s Law Blog
CANADA LAW NEWS
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Are Unexecuted (Unsigned) Wills Valid? Maybe; the BCSC Comments.
In March 2020, the world ground to a halt as a result of the COVID-19 pandemic. Offices were shuttered, schools were closed, and in person meetings and gatherings were only permitted for essential purposes. Marilyn Bishop cancelled her appointment at her lawyer’s office to execute her new will. She had given her instructions, reviewed the draft, and made a few minor clarifications. All that remained was to have the will signed and witnessed. Ms. Bishop passed away before she could do so.
Coquitlam Wills Lawyer: No Will - Then Who Should Administer One’s Estate?
In Levi‑Bandel v. McKeen, 2011 BCSC 247, Mr. Justice Butler, then of this court, held that where the administration of an estate has “been brought to a standstill by the inability of co‑executrixes to carry out their duties, it is imperative that the court act to resolve the stalemate for the benefit of the beneficiaries.” I have concluded that the administration of this estate cannot move forward because the two administrators are intractably opposed to one another over most things that have to do with their late mother and her estate, as are the two camps of the family. In my view, this administration of this estate will not conclude and the assets of the estate will be consumed by the costs of this warfare unless both administrators are removed and a neutral administrator appointed.