Balancing testator autonomy and dependent rights in B.C. estate law

By Paul Harden ( February 26, 2025, 10:51 AM EST) -- In British Columbia, the Wills, Estates and Succession Act addresses a broad range of issues critical to estate planning, administration, and beneficiary rights. One significant concern in the Act is the balancing the rights of a testator to dispose of their estate as they see fit with the rights of dependent spouses and children to a fair portion of their loved one’s estate. Achieving that balance requires consideration of numerous factors, including a testator’s capacity to make a valid will, any suspicious circumstances surrounding its creation, and a legal dependent’s right to financial support....
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