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 →
Challenging a Will in BC: Moral Obligations Threshold Test
Considering Cases: Separated Spouses against Life Long Friends Tippett v Tippett Estate, 2015 BCSC 291 At the Kushner Law Group, we strive to make sure our clients understand new and interesting developments in the law to make sure they are well advised about the potential outcomes of their cases. In the case considered below the Court was required to consider the …Read more →