Production of Solicitor’s Files to Personal Representatives Part 1
Wills Exception to Solicitor-Client Privilege in BC Courts & Canadian Law Solicitor-Client privilege is a crucial and bedrock aspect of the law in Canada and much of the world. However, even when a client has died and there is litigation with respect to their Estate, solicitors may be reluctant to produce their former client’s file. In the recent decision of …Read more →
Why File A Certificate of Pending Litigation
Certificates of Pending Litigation in BC Filing a Certificate of Lis Pendens in BC After either or a sudden or expected death, surviving beneficiaries often move quickly to try to deal with the estate of the recently deceased. Often, this involves the sale of real property which the Deceased owned. What is a Certificate of Pending Litigation (“CPL”)? Certificates of Pending Litigation …Read more →
Estate Litigation – Undoing “Undue Influence”
Critical Changes to Claiming “Undue Influence” in BC Estate Litigation The Wills, Estates and Succession Act (“WESA”) came into force on March 31, 2014 and with it came substantial changes in respect of many aspects of estate litigation. One of the critical changes introduced by WESA involves allegations of “undue influence”. S. 52 of WESA states: Undue Influence on Will-Maker 52 In a proceeding, …Read more →