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 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 →