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 →
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 →