Probate Litigation

Legal Disability and Litigation Guardian

Stanford v Murad 2021 BCSC 130 dealt with a legal dispute involving a demented person who is likely under a legal disability, and thus required a litigation Guardian. The 89-year-old

Converting a Petition to an Action

Kerfoot v Richter 2018 BCCA 238 reviewed the law relating to the test on an application to convert a proceeding brought by petition to an action. The petitioner’s application to

Certificates of Pending Litigation (CPL)

Lipskaya v Guo 2020 BCSC 2090 canceled a certificate of pending litigation registered against the property where the owner was indebted to her for arrears of child maintenance. The court

Video Evidence Is Admissible

In the past several years there has been a great increase in the receipt and admissibility of video evidence in civil litigation, as the necessary technology has improved and become

Mutual Wills Are Problematic

Although rare, mutual wills are extremely problematic in estate matters in that typically, a married couple, both sign the same will which in effect creates a binding contract on each

Privilege In Lawyer Communications

Privilege in lawyer communications, including without prejudice offers, can be a somewhat complex legal issue on occasion and this blog is a brief overview of the topic. Middlecamp v Fraser
Declaratory Judgements/Judicial Declarations

Judicial Declarations/Declaratory Judgements

Park v Mitchell 2020 BCSC 1147 provides guidance on the law relating to declaratory judgments, a.k.a. judicial declarations. A judicial declaration is not like a tort where damages are the
The Burden of Proof When Contesting Wills

The Burden of Proof When Contesting Wills

Leung v Leung 2013 BCSC 976 sets out a concise legal framework of the burden of proof when contesting wills. In an action for proof of will in solemn form,
Children Born After Death of the Testator

Children Born After Death of the Testator

I recalled learning “en ventre sa mere” in law school and recently had occasion to advise as to whether a great grandchild born after the death of the grandfather testator,
Revocation of a Grant of Probate/Administration

Revocation of a Grant of Probate/Administration

The leading decision in British Columbia on the jurisdiction of a court to revoke a grant of administration or probate is Desbiens v Smith 2010 BCCA 394, which was referred