Probate Litigation
The Admissibility of Hearsay Statements of a Deceased
It is a fact that estate litigation is rife with hearsay evidence, often “from” the deceased and if certain criteria are met, such evidence is admissible. In Peterson v. Welwood,
Settlement Agreements to Be Upheld
The bar to set aside a settlement agreement is a high one. There is a great public interest in holding people to their bargains. BC courts have repeatedly cited the
The Importance of Pleadings
Pleadings are important. They delineate the issues between the parties and inform the opposing party of the nature of the case they have to meet. Pleadings prevent surprises at trial
Striking Out a Claim
There are many frivolous claims made is estate disputes and occasionally the court will exercise its discretion to strike out a claim without merit. In Barrie v. British Columbia
Anonymization and Publication Ban Orders
Anonymization orders and publication bans are exceptional orders and that several competing interests must be balanced by the judge hearing such an application. These competing interests were considered at length
Adverse Inferences
656621 BC Ltd v David Moerman Painting 2022 BCSC 1683 discussed the adverse inference discretionary rule of evidence that permits the Court to draw an adverse inference against a party
Alter Ego Trusts
Alter ego trusts are increasingly being used an an estate planning tool for those over 65 years of age. From the perspective of disinherited.com they are typically used by parents
Debts Owed By Beneficiary Must Be Accounted For
Re Kolic Estate 2022 BCSC 1527 reviewed an equitable principle in the distribution of an estate , that an indebted beneficiary of the estate must first bring his or her
Non Disclosure Leads to Adverse Inference
Sarzynick v Skwarchuk 2021 BCSC 443 held that the defendant who was found to have strategically refused to disclose and produce financial documents could be held to an adverse inference
Medical Records Admissibility and the Remoteness of Time
Re Gibb estate 2021 BCSC 2461 involved inter alia the admissibility of medical records in S. 58 WESA application to remedy a will that a lawyer prepared, reviewed by telephone