5,109
edits
Difference between revisions of "Revocation of a Will (16:VI)"
From Clicklaw Wikibooks
Revocation of a Will (16:VI) (view source)
Revision as of 00:07, 25 August 2023
, 00:07, 25 August 2023no edit summary
m (Clicklaw Editor moved page Revocation of a Will (16:V) to Revocation of a Will (16:VI)) |
|||
| Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 30, 2023}} | ||
{{LSLAP Manual TOC|expanded = wills}} | {{LSLAP Manual TOC|expanded = wills}} | ||
Revocation of wills is governed by sections 55 and 55.1 of ''WESA''. These sections outline the only ways in which a will may be revoked. Section 56 of ''WESA'' provides that if a will-maker gifts, appoints as an executor, or confers power to a person who subsequently ceases to be the spouse of the will-maker under section 2(2) before the will-maker’s death, only that gift, appointment, and/or conferment is revoked, not the entire will. The gift to the ex-spouse must be distributed as if they died before the will-maker. The application of section 56 of ''WESA'' is subject to any contrary intention in the will. | |||
== A. By Subsequent Writing == | == A. By Subsequent Writing == | ||
| Line 16: | Line 18: | ||
Furthermore, for a will-maker to revoke a will by destruction, the will-maker must have the intention of revoking the will. Though there is a presumption that a will-maker who destroys a will does so with the intention of revoking it, this does not apply where they lack capacity to form the requisite intention. | Furthermore, for a will-maker to revoke a will by destruction, the will-maker must have the intention of revoking the will. Though there is a presumption that a will-maker who destroys a will does so with the intention of revoking it, this does not apply where they lack capacity to form the requisite intention. | ||
Also, there is the question of whether the intention to revoke the will was absolute or conditional. If it was absolute, revocation is complete. However, if the intent depended on the condition of reviving an old will or writing a new one and the condition or contingency has not been satisfied, the revocation is ineffective. This is known as the doctrine of dependent relative revocation: see ''Jung | Also, there is the question of whether the intention to revoke the will was absolute or conditional. If it was absolute, revocation is complete. However, if the intent depended on the condition of reviving an old will or writing a new one and the condition or contingency has not been satisfied, the revocation is ineffective. This is known as the doctrine of dependent relative revocation: see ''[https://www.canlii.org/en/bc/bcsc/doc/2005/2005bcsc1537/2005bcsc1537.html Jung, Re Estate of Horace Lee]'', 2005 BCSC 1537. | ||
:'''NOTE ON ELECTRONIC WILLS:''' Section 55.1 outlines how to revoke an electronic will. To revoke an electronic will, the will-maker or a person in the presence of the will-maker and by the will-maker’s direction: can delete one or more electronic versions of the will or of part of the will with the intention of revoking it, or may burn, tear or destroy all or part of a paper copy of the will in some manner, in the presence of a witness, with the intention of revoking all or part of the will. An inadvertent deletion of one or more electronic version of a will is not evidence of an intention to revoke the will, so what is important is the intention of the will-maker; see [[Making_and_Executing_a_Will_(16:III)|Section III.D.2: Electronic Wills]], for more information. | :'''NOTE ON ELECTRONIC WILLS:''' Section 55.1 outlines how to revoke an electronic will. To revoke an electronic will, the will-maker or a person in the presence of the will-maker and by the will-maker’s direction: can delete one or more electronic versions of the will or of part of the will with the intention of revoking it, or may burn, tear or destroy all or part of a paper copy of the will in some manner, in the presence of a witness, with the intention of revoking all or part of the will. An inadvertent deletion of one or more electronic version of a will is not evidence of an intention to revoke the will, so what is important is the intention of the will-maker; see [[Making_and_Executing_a_Will_(16:III)|Section III.D.2: Electronic Wills]], for more information. | ||
