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"It's an area of law that's generally not on the radar screen of legislators and an area of law that everyone comes into contact with." — GREG BLUE, BRITISH COLUMBIA LAW INSTITUTE period of not less than two years." Another interesting change is a cura- tive power the B.C. Supreme Court will have to relieve formal defects in wills. "As long as the court is satisfied there is no dispute about the authenticity of the will and that the will is final, the final testamentary wishes, they will admit the will if there are defects in execution or attestation." The new law also contains provi- sions for a new scheme for the adminis- tration of estates under a certain mon- etary value with a simple, fast system inspired by the affidavit system used in some U.S. states. Blue notes another major change is the section in the act that reverses the presumption that applies to undue influence in cases involving wills. "The presumption relating to undue influ- ence in cases involving wills is opposite to the presumption that applies in the law of inter vivos gifts. The burden of proof for inter vivos gifts is if there is a relationship of dependency between the person who receives the gift and the person who gives it, and the giver is in a relationship of dependency, the recipient has the burden of disprov- ing undue influence if it is alleged," he says. "In wills cases, it's the other way around. The burden of proof is always Third reading of Bill 4: http://www.leg.bc.ca/39th1st/3rd_ read/gov04-3.htm on the person challenging the will. The presumptions of wills cases will be the same as it is in inter vivos gifts, but only comes into play when there's a relation- ship of dependence." He adds, "The Wills Act, 1837 has stood up pretty well against the test of time. The same general idea is carried forward. We've just made some changes to reflect present-day conditions, for example, the interpretations of some of the presumptions have been changed." As this is a substantial change, the law will come into force after the public and legal community have had an opportunity to review and prepare for the new legislation, expected to be in 2011, according to the B.C. Ministry of Attorney General. Travelers Guarantee Company of Canada and Do Process Software Ltd. are pleased to provide another valuable link in state of the art technology by empowering lawyers to apply on-line and receive electronically the following surety bonds: Administration Bonds Guardianship Bonds Lost Instrument Bonds Waiver of Probate Bonds If you require a surety bond, please visit www.lawyercentric.com for instructions and your on-line application forms. Travelers Guarantee Company of Canada Commercial Surety (416) 360-8183 Untitled-3 1 www. C ANADIAN Law ye rmag.com NO VEMBER / DECEMBER 2009 43 11/3/09 11:58:45 AM