Ordinary Residence in Estate Litigation
While jurisdictional disputes are important in many differing types of litigation, in Estate litigation particularly, a determination with respect to jurisdiction can be critical as to whether a disinherited spouse or child can bring a claim for a variation of a will. Under the Wills, Estates and Succession Act (“WESA”), a person must be an “ordinary resident” of British Columbia …Read more →
Vancouver Lawyers What Makes A Will – Part 1
It is an understatement to say that Wills are very important legal documents with significant ramifications. Wills give a legal voice to the wishes of the Deceased and are arguably the most important document with respect to estate planning and transfer of wealth. In many Estate litigation cases, much of the case turns on the validity of the will. …Read more →
Making Sense of Mediation in Estate Litigation – Part 2
In the first part of this blog, we considered three specific benefits to using mediation in Estate Litigation. 1) Control of the process; 2) The Opportunity to be heard; and 3) Privacy of the Process. Mediation is a form of alternative dispute resolution whereby the parties meet outside of Court in a without prejudice setting …Read more →