Production of Solicitor’s Files to Personal Representatives Part 1
Wills Exception to Solicitor-Client Privilege in BC Courts & Canadian Law Solicitor-Client privilege is a crucial and bedrock aspect of the law in Canada and much of the world. However, even when a client has died and there is litigation with respect to their Estate, solicitors may be reluctant to produce their former client’s file. In the recent decision of …Read more →
Applying the ‘Arm-Chair Rule’ in Estate Litigation
Interpreting a Will in BC Courts One of the most challenging (and potentially) fascinating aspects of Estate Litigation is that Courts are often required to make factual determinations about the intentions of the Deceased where the only person who knows the truth is dead. Under the Wills, Estates and Succession Act, Courts in British Columbia have the power to both …Read more →
BC Court Declines to Uphold Unsigned Will
On the Validity of Updated Draft Wills in BC Courts The Wills Estates and Succession Act (“WESA”) was passed in an effort to modernize estate legislation in the province of British Columbia. Section 58 of WESA allows the an applicant to apply to the Court to cure a deficiency in a document that the applicant purports to be a will. …Read more →