WESA and Jurisdictional Challenges – Part 2
In the first part of this Blog, we discussed the decision of Mr. Justice Cole in Cresswell v. Cresswell Estate, 2017 BCSC 178 where the Court was faced with an application by the Defedants in this matter for an Order that the Supreme Court of British Columbia did not have the jurisdiction to hear the matter or in the alternative …Read more →
WESA & Jurisdictional Challenges – Part 1
One of the issues that is arising frequently in Estate Litigation is questions regarding the appropriate jurisdiction for where a claim should be litigated. When a deceased person has assets in multiple provinces, the location of the litigation can be particularly significant given that the Wills Estates and Succession Act here in British Columbia provides wider discretion for wills variation …Read more →
Presumption of Destruction – Estate Litigation in B.C.
While it might be trite to say, wills are the central documents around which most estate litigation disputes arise. Estate litigation in British Columbia frequently involves questions regarding the validity of wills, changes to wills, the creation of wills and variation of wills. However, another related issue arises when the original will cannot be found and when a litigant claims …Read more →