Considering Testamentary Capacity – Part 1
One of the unique challenges for Courts in dealing with matters of Estate Litigation is that Judges must try to understand the motivation and actions of the Deceased who cannot testify and give evidence for themselves. When a litigant is unhappy with the distribution of an estate, one tactic that they may consider is challenging whether the Deceased had the …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 →
Applying the ‘Arm-Chair Rule’ in Estate Litigation
Interpreting a Will in BC Courts One of the most challenging (and potentially) fascinating aspects of Estate Litigation is that Courts are often required to make factual determinations about the intentions of the Deceased where the only person who knows the truth is dead. Under the Wills, Estates and Succession Act, Courts in British Columbia have the power to both …Read more →