WESA & Jurisdictional Challenges – Part 1
One of the issues that is arising frequently in Estate Litigation is questions regarding the appropriate jurisdiction for where a claim should be litigated. When a deceased person has assets in multiple provinces, the location of the litigation can be particularly significant given that the Wills Estates and Succession Act here in British Columbia provides wider discretion for wills variation …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 →
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 →