WESA: purpose. Wills Estates Succession Act (BC)

 WESA was designed with the intention of encouraging informal resolution of conflicts.  This to reduce the time, cost, and emotional strain associated with formal legal proceedings.  Court intervention is the last resort when informal methods do not work. Lawyers are expected to resolve disputes, not the courts.  How is that possible as lawyers are not independent decision makers.   

This isn't what is happening.  WESA was legislated in 2014, enough time for creative lawyers to circumvent the intent of the law.  As soon as one lawyer circumvents the intent, others follow as soon as they see how easy it is.  Lawyers bully clients all the time and clients are easily intimidated.  I wonder how many thousands of millions of dollars have been diverted since 2014 as it is economically wise to allow fraud to happen than to deal with it.  Relative to the value of the estate, what is a few hundred dollars, or a few thousand dollars, or a few million dollars.  Once an executor/administrator is appointed by way of the P1 form, they can fleece the estate, with the help of their lawyers.  Lawyer fees will stop most (everyone) from making anyone accountable. It is legal extortion.  

Ethical v. Ethics

 It always amazes how infallible people think they are.

Especially lawyers.  

I had the occasion to attend a hearing this morning and it was adjourned.

The lawyers involved knew of the hearing and yet would not tell me that they were seeking an adjournment.  They could have told me up to yesterday.  But instead I had to travel from Vancouver to Kamloops to be told that the matter was adjourned. There is such a thing as a phone or an email. A phone call costs nothing, a court appearance to ask for an adjournment cost $600.  

I call this unethical behavior.  If I had a lawyer they would never have done this.

And they are notable citizens of Kamloops, both are partners in law firms.

What will go wrong will go wrong

 This past weeks has been like hell for me.

For two days Iwas in so much pain I could not walk, nor could I focus as the pain in my neck was unbearable.  Today I am a little functional but have a gigantic headache.

I am trying to draft out an affidavit outlining the chronology and reasons leading up to the granting of an estate grant.  Reading over it it screams that due process was violated.  Even though WESA does not explicitly say what due process is in an estate matter, it was left by the legislators for the lawyers to know what due process is. The legislatures did not anticipate that the lawyers would not serve documents to gain an advantage to use WESA to exclude disputants from disputing anything.  Waiting until the estate grant is issued would cause any dispute to be too difficult exponentially in time, money and paper to revocate an estate that was not honest. I get it if there are 100 beneficiaries most which were willed nominal sums like $100 do not have to be served the P2 as it is an administrative nightmare, but the significant beneficiaries should be served the P2 and also a Notice that the P19 (estate grant) would be issued.  I do not think that reasoning is valid now as the administrative burden can be lifted as all the documents can be served by one email with cc to all the interested parties.  Due process being a check so any disputes not discussed prior to the P1 or the P2 filing can be dealt with. The way it is now, it is "catch me if you can."  Get the estate grant as quickly as possible, and that would in all probability end further disputes of modest estates.

The purpose that the interested parties should be served after an administrator/executor is appointed is to prevent fraud; intentional or unintentioal. It would be easy for interested parties to discover fraud if they knew what was going on. Also it would stop misunderstandings/confusion as it would be detected beforehand. It also nominates the best qualified to be the administrator.

Lack of due process brings distrust to the legal process.  If there is no legal process then there is no rule of law. Transparency is critical so there is no surprises and everyone is treated fairly.

I am thinking. What I am doing is ridiculous.

 I am in the midst of trying to make an application to help someone to revoke an order.  At the end of the day the money involved might only be $10,000 hardly a sum to do much about.  But what upset me is that due process was not followed and call me stupid to take this on but if there is no due process there is no rule of law.  Due process ensures that laws are applied fairly and consistently, protecting individuals' rights and maintaining justice. Without it, the legal system would lack the necessary checks and balances, leading to arbitrary and unjust outcomes. Transparency is part of due process. Police enforce the laws and lawyers enforce due process.  Stealth due process should not happen.

A very bad day continues

 I do not know what is happening to my body.  The pain is a so bad I can't move much and I can't even type.  And to make it worse I lost all my documents in WORD as that computer died on me.  

My draft for the new application is gone and I fear that I will not be able to meet the deadlines.

I am so exhausted I cannot think thus not able to compose.  And my vision is blurring.  

Battle Ground for Fraud

 I came across the Supreme Court Rules (Probate) 2005 and even then a probate is a battlefield.   The  person who is named executor or an administrator and the possibility for fraud exists.  Because he controls the information, it would be extremely difficult for a beneficiary to audit what an executor or administrator is doing. The executor only has to pay you your inheritance as set out in a will.  But if he doesn't what can you do.  Think.  Romance scam.  Think.  Catch me if you can. Of course you can go to court but it is prohibitive expensive for a modest estate.   Forget the lawyer thing, the executor can fire the lawyer at any time, liquidate all the assets. and run.  

Most of this confusion goes to privacy. All I get is everything is confidential.  If a person is dead why is privacy an issue. Not only is it up to the executor to share information it is also up to the interested parties in an estate to share information.  When a beneficiary won't even share her email address, then we are in trouble.  Privacy protects crooks. And everyone is a crook.  It is just the degree that can upset.  If you have an expense account you will abuse it. Maybe not at first but after a few times it becomes easier.  

A very bad day

 I woke up in seriour pain.  I never get back pains and this morning I could not move much.

It is now 8:10 pm and my back still hurts.

I am working (no thinking) on a project and I do not know how to present it, word it.  My back pain is interfering with my focus and construction.

The problem is when you live alone, there is no one to help you if you are immobile.  Since this has never happened before, maybe the pain will just go away.

My project has to be finished by Wednesday.  I hope tomorrow being Saturday, it will just go away.