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 →
Estrangement & Wills Variation
Estrangement & Wills Variation in BC Law Separation, Abandonment, or Estrangement & the Testator’s Moral Duty The Wills Estates and Succession Act (“WESA”) provides children of a deceased person with a legal right to sue on their estate and vary a will. One of the circumstances where this situation arises is when an adult child has been estranged from the parent and thus the parent …Read more →
3 Indicators of Undue Influence in BC Wills Variation Litigation
3 Indicators of Undue Influence Undue Influence & BC Wills Variation In the time following the death of a close relative, emotions are often very high especially when there is the potential for a lawsuit regarding the will of the deceased. It is quite common for a disappointed family member or friend to question whether the deceased was “unduly influenced” in the …Read more →