Making Sense of Mediation in Vancouver Estate Litigation – Part 1
Estate Litigation is often filled with uncertainty and litigants must always carefully conduct risk-assessments before taking matters before a Judge. One way for litigants to maintain control over their dispute is to consider attending a mediation. Mediation is a form of alternative dispute resolution whereby the parties meet outside of Court in a without prejudice setting to try to resolve …Read more →
Considering Testamentary Capacity – Part 2
Determinations of testamentary capacity are central to many Estate Litigation disputes in British Columbia. In Part 1 of this blog, we reviewed a recent decision Bach Estate (Re), 2017 BCSC 548 wherein Mr. Justice Kelleher considered the definition of “testamentary capacity”. In brief summary, testamentary capacity means whether the Deceased was of sound mind, memory and understanding and whether they …Read more →
Considering Testamentary Capacity – Part 1
One of the unique challenges for Courts in dealing with matters of Estate Litigation is that Judges must try to understand the motivation and actions of the Deceased who cannot testify and give evidence for themselves. When a litigant is unhappy with the distribution of an estate, one tactic that they may consider is challenging whether the Deceased had the …Read more →