Client Privilege and the Wills Cases Exception

Client privilege and the wills cases exception are the few line of cases that will not remain privileged after death. It is very frequent in estate litigation that for various reasons, the disinherited parties often wish to obtain the wills files of the solicitor who drafted… Read more

The Presumption Against Intestacy

Presumption Against Intestacy In Wills Interpretation Re Murray Estate 2007 BCSC 1035 has been previously blogged by disinherited.com and is a good case relating to the rules of construction in interpreting a will. One of the golden rules of wills interpretation is that the court… Read more

Tracing and Accounting For Assets

Tracing & Accounting For Assets It is very common in estate litigation that the form of an asset may change substantially over a period of time. For example a bank account of cash can be converted into a stock portfolio, which in turn can be used… Read more

Agreements Not to Revoke a Will

Binding Agreement Not to Revoke Will Kayne v Wright et al  2012 BCSC 119 is an excellent example of “mutual wills” which on occasion arise in estate litigation disputes. The general principle in law is that a will is always revocable. Most married couples execute… Read more

Lost Wills and the Presumption of Revocation

Lost Wills and the Presumption of Revocation An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the courts will be more willing to allow copies of wills as proof of the testator’s intention to more… Read more

Video Evidence Allowed

Video evidence was allowed on appeal in Houston v Kline , 2011 BCCA 258 The respondent sued for damages arising out of a car accident.

Rectification of Error in Will Refused

Rectification of Error in Will Refused By Ontario Court of Appeal Robinson Estate v Robinson 2011 CarswellOnt 5819 once again demonstrated the limited jurisdiction that exists in the courts to remedy a mistake and omission made in the deceased’s will, even by the drafting lawyer…. Read more

Torn Up Will Admitted to Probate

Will Admitted to Probate In Jorsvik Estate, Re 2011 BCSC 528 ,after the testatrix’s death, her daughter found her torn up will at the care center where her step father had resided for the previous several years.

Court “Regrettably” Declares Will Executed Before Marriage To Be Void

Will Executed Before  Marriage “Regrettably” Declared Void   Please note that due to the implementation of WESA. this will no longer be the law for wills signed on or after  April 1, 2014  MacLean Estate v. Christiansen 2009 BCSC 1159 is a good example of the legal… Read more