Considering Testamentary Capacity – Part 2
Determinations of testamentary capacity are central to many Estate Litigation disputes in British Columbia. In Part 1 of this blog, we reviewed a recent decision Bach Estate (Re), 2017 BCSC 548 wherein Mr. Justice Kelleher considered the definition of “testamentary capacity”. In brief summary, testamentary capacity means whether the Deceased was of sound mind, memory and understanding and whether they …Read more →
Hearsay Evidence in Estate Litigation
The law of evidence in British Columbia is nuanced and complex with varied exceptions to the myriad of rules. A general rule that has been that hearsay evidence is not admissible. Hearsay evidence is statements made outside of court which are presented in court for the trust of that statement. In Estate Litigation, questions regarding the admissibility of hearsay evidence …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 →