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 →
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 →
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 →