tag:blogger.com,1999:blog-15398087.post4129962734246838900..comments2023-12-22T03:26:25.087-08:00Comments on Rule of Law: How Will B.C. Courts Interpret Section 58 (Curing Deficiencies) of the Wills, Estates and Succession Act?Stan Rulehttp://www.blogger.com/profile/11486906067691727814noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-15398087.post-37408499565945150562013-12-09T08:11:36.400-08:002013-12-09T08:11:36.400-08:00This ia a very useful discussion. The Uniform Law ...This ia a very useful discussion. The Uniform Law Conference of Canada discussed whether the 'substantial compliance' rules would allow for electronic wills in a discussion paper published in 2000. http://www.ulcc.ca/en/2000-victoria-bc/341-civil-section-documents/346-uniform-wills-act-noncompliance-with-formalities-part-iii-2000 (See also the follow-up resolution in the 2002 Civil Section Documents.)<br /><br />The BC Legislature expressly extends the rule about wills to electronic records, though in slightly different terms than apply to electronic equivalents of writing in the Electronic Transactions Act.<br /><br />If the courts analyse the records as carefully as the Manitoba courts did in the case discussed here, there seems little to fear about the new rules. They should allow the occasional insufficiently formal will to be effective, without giving legal effect to every passing fancy of a would-be testator.<br /><br />John Gnoreply@blogger.com