Contested Wills

deliberate destruction of evidence

Deliberate Destruction of Evidence ( Spoilation)

The deliberate destruction of material evidence occasionally occurs in estate litigation. The technical term is spoliation. What does seem to occur on a somewhat regular basis in estate disputes is
forgery and handwriting analysis

Forgery and Handwriting Analysis

 I commonly receive estate enquiries where the enquirer strongly asserts   suspicion that  documents found after death such s a wills or a  transfer were forged. I predicted many years ago

The Difference Between a Mirror Will and a Mutual Will

In my experience, there is a lot of confusion amongst the public as to the difference between a mutual will and a mirror will, with the latter often being mistaken

Mental Capacity to Make a Will

Jung Estate v Jung Estate 2022 BCSC 1298 reviewed the law on mental ( testamentary) capacity to make a will and found the will invalid. The most frequently quoted test
Appointing an Administrator of a Will

Appointing an Administrator of a Will

Berlinguette Estate 2022 BCSC 1098  discussed the criteria for appointing an administrator of a will and Sections 130 and 132 WESA. Sections 130 and 132 of WESA address the appointment
Executor and Proving the Will in Solemn Form | Disinherited

Executor and Proving the Will in Solemn Form

When the validity of a will is in question, the propoundor of the will (usually the executor) is often forced to prove the validity of the will in solemn form,
S. 86 Trustee Act Directions After a Murder | Disinherited

S. 86 Trustee Act Directions After a Murder

Re Unger 2022 BCSC 189 involved an application by the executors of the estate for advice and direction as authorized by Section 86 of the Trustee act regarding the disposition
Admissibility of Medical Records

Admissibility of Medical Records

Many types of estate litigation cases such as testamentary capacity, undue influence, committee applications and others rely on medical evidence, which is typically initially obtained from medical records that are
S. 43 WESA: Gifts to Will Witnesses or Their Spouses

S. 43 WESA: Gifts to Will Witnesses or Their Spouses

Prior to the introduction of WESA on March 31, 2014 the law was clear that the court had no discretion to allow for gifts to a will witnesses or to

Duress In Family and Estate Situations

Blom v Blom 2921 BCSC 181 set aside a separation agreement and gift letter on the basis of the common law remedy of duress.   The claimant also pleaded S