Reference no: EM133926579
Assignment:
In Wong v. Soo, 2015 BCSC 1741, the plaintiff, Joseph Cho Wong sought a variation of the Will of his deceased wife, Maureen Moon Yung Cheung, pursuant to the Wills Variation Act, R.S.B.C. 1996, c. 490 [WVA].
Review the Wong judgment and make a summary of the judgment. This summary should be, excluding quotations and other references, as listed in the Court's reasons provided. Your summary should cite all sources appropriately
1. Which date the Court found relevant for determining if the applicant is adequately provided for by a testator?
2. Why did the plaintiff's counsel argue that the relevant date for determining the value of the Dumfries Street house is the date of trial?
3. Explain which property was passing outside of the estate of the deceased? What does this term refer to?
4. Explain how the issues of capacity and undue influence arise when a new will is made.
Evaluate the Court's position on the difference between a person's decline in emotional well-being and person's decline in cognitive function, as set out in Becker v. Becker, 2016 BCSC 487 that was covered in class.
5. Based on the Will Drafting Exercise completed in class and the BC Law Society Checklists covered during the class discussions, identify (a) ten (10) issues which will be discussed with the testator and or testatrix and written in their Will (10 marks) and (b) explain the relevance of each issue to the preparation of their Will.