Vancouver Lawyers What Makes A Will – Part 2
In Part 1 of this Vancouver Lawyers What Makes A Will series, we considered the requirements as set out in the Wills Estates and Succession Act with respect to how to make a valid will under s. 37. In the recent decision of Litke Estate (Re), 2017 BCSC 1079, the Honourable Mr. Justice N. Brown heard an application from a …Read more →
WESA and Jurisdictional Challenges – Part 2
In the first part of this Blog, we discussed the decision of Mr. Justice Cole in Cresswell v. Cresswell Estate, 2017 BCSC 178 where the Court was faced with an application by the Defedants in this matter for an Order that the Supreme Court of British Columbia did not have the jurisdiction to hear the matter or in the alternative …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 →