Author:
The BC Court of Appeal’s decision in Aulinger v. Oda, 2026 BCCA 13, is a critical case study for anyone who has moved to British Columbia from another country. It highlights how a “foreign” Will can remain legally potent decades after a person has relocated.
The Validity Gateway: WESA Section 80
The Will at the heart of the Aulinger case was a handwritten document made in Germany in 1995. Although it lacked typical features of a valid Will in BC, it was valid under German law.
Under Section 80 of the Wills, Estates and Succession Act (WESA), BC courts recognize a will as valid if it followed the laws of the place where it was made. Because the 1995 document was a valid “holograph joint will” in Germany, BC was legally required to recognize it.
Lex Fori: Which Rules Apply?
While the validity of the document was determined by German law, the interpretation and revocation of the document were governed by BC law (Lex Fori, latin for “law of the forum”). Because Johannes Siebert died while resident in BC, the court applied BC’s Section 55 of WESA to determine if he had ever legally revoked his instructions.
The Challenges of International Estates
Relying on a foreign Will to govern a BC estate is often inefficient and costly. In Aulinger v. Oda, the litigation required:
- Translating German legal terms.
- Hiring experts on foreign law to testify.
- Parallel probate processes in two jurisdictions.
The safest route for those with assets or histories in multiple countries is a BC-specific Will that explicitly addresses (and usually revokes) all prior global documents.
LK Law’s Estate Planning & Litigation group has experience in cross-border estate issues and the international provisions of WESA. We help you ensure your global history doesn’t create a local legal crisis. Contact LK Law to Review Your International Estate Plan.
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.
Read more about Aulinger v. Oda:
