B.C. Estate Litigation: Hearing “Hearsay” Evidence
Allowing “Hearsay” Evidence in B.C. Wills Variation Court Cases When a written will doesn’t cover everything It is well known that hearsay evidence is generally not admissible in Court, aside from a few key exceptions. However in a wills variation claim in B.C., the Wills, Estates and Succession Act (“WESA”) specifically allows the Court to relax the rules of evidence. Section 62 …Read more →
Estate Litigation: Making Sense of “Morality” – Part 1
Estate Litigation: Morality & Wills Variation (Part 1) Grounds for Wills Variation Morality, and specifically community standards of morality, are not static concepts and they often evolve as communities embrace diversity and inclusiveness. Competing ideas of what is “moral” are often at the heart of wills variation and estate litigation claims where a deceased person may wish to punish his or …Read more →
Estate Litigation – Undoing “Undue Influence”
Critical Changes to Claiming “Undue Influence” in BC Estate Litigation The Wills, Estates and Succession Act (“WESA”) came into force on March 31, 2014 and with it came substantial changes in respect of many aspects of estate litigation. One of the critical changes introduced by WESA involves allegations of “undue influence”. S. 52 of WESA states: Undue Influence on Will-Maker 52 In a proceeding, …Read more →