Garton & Harris

How to approach errors in wills in British Columbia

Even when people pay particular attention when writing estate planning documents, errors may occur. Wills have to be meticulously written and contain no errors, or their validity in British Columbia may come into question. When an executor is confronted with errors in a will, there are a few remedies for him or her. 

It's good to know that simple spelling errors won't make a will invalid. Very often, even when a property is incorrectly described, this isn't cause for alarm. A lot lies on what the testator intended when writing the will. When there are issues that aren't exactly clear, a court may review a will and try to establish the wishes of the testator and what he or she intended.

Dealing with a will that is ambiguous is a difficult task. That is why it's important to be as transparent as possible when writing a will. If there are unclear areas in a will, an executor will need to apply to court to have those issues reviewed. If, however, beneficiaries agree on the areas that are unclear, it might not be necessary to head to court. But, it may be risky not to get a judge's opinion.

If there are areas in a will that an executor or beneficiary believes to be unclear or to contain errors, he or she may wish to get the advice of a British Columbia lawyer who has experience with wills and estate planning. Getting such advice may be a way of sidestepping having to go to court. It is always better for everyone involved if these types of issues can be ironed out, out of the court room. 

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