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: Sibling Rivalry
Variation of Wills & Sibling Inequality Fair & Unfair Wills It is clear from the law that has developed with respect to the variation of wills, that testators may have a moral obligation to provide for their children in their wills. One of the interesting issues that sometimes arises is how will a court treat a will that substantially prefers …Read more →
Estate Litigation: Making Sense of “Morality” – Part 2
Community Standards in Canada & Wills Variation Equality of Sons & Daughters In the previous post Estate Litigation: Making Sense of “Morality” – Part 1, we explored the intersection of morality and freedom of testators to disinherit beneficiaries (specifically) children whose conduct they may view as being immoral. The actions of the testator and their reasons for disinheriting beneficiaries are considered in the …Read more →