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 →
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 →
BC Court of Appeal Considers Spouses Who Keep Finances Separate
Wills Variation Litigation Court of Appeals Case Morality & Law: BC Court of Appeal Considers Spouses Who Keep Finances Separate The British Columbia Court of Appeal recently released a decision in the matter of Kish v. Sobchak Estate, 2016 BCCA 65. In this decision, the Court of Appeal considered the decision of a trial judge on a summary trial application in …Read more →