Impeaching Witness Credibility
June 3, 2018 No Comments
The Supreme Court of Canada summarized the law relating to the impeachment of witness credibility in the rule in Browne v. Dunn in R.v Lyttle
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Revoking a Grant of Probate
May 31, 2018 No Comments
Debsbiens v Smith Estate 2010 BCCA 392 discusses the concept of revoking a grant of probate, which typically involves one of two attacks, namely finding
Court of Appeal Allows Courts to Interpret Trust Documents
March 19, 2015 No Comments
Court of Appeal Allows Courts to Interpret Trust Documents The almost chestnut re Engleman Estate 1986 23 ETR 30, BCCA, The will of the
Probate Procedure When Four Wills In Dispute
March 12, 2015 No Comments
Re Dow Estate 2015 BCSC 292 an issue of probate procedure arose due to the fact that the deceased made four wills in the last 2
Lawyers Questionnaire Admitted Into Probate Will
January 2, 2014 No Comments
Garnett Estate v Garnett Estate 2013 BCSC 1731 is an interesting case where pre WESA, a lawyers questionnaire re will instructions was determined by the court to
No Lack of Capacity or Undue Influence – Will Admitted to Probate
August 3, 2013 No Comments
Chang Estate v Chang 2013 BCSC 976 is a well considered judgement of Justice Dardi, who had extensive experience in estate litigation prior to her
Administration Durante Absentia
July 24, 2013 No Comments
Section 7 of the Estate Administration Act allows the court to appoint a person to administer an estate or part of it where an executor
Administration By Attorney
July 23, 2013 No Comments
Rule 21 (27) provides for the administration of an estate by an attorney.: “ If a person entitled to administration resides outside British Columbia, administration
Administration Ad Colligenda Bona
July 11, 2013 No Comments
Several years ago disinherited.com had an estate where the deceased had substantial assets that needed protection, while it took in excess of two years to
What Is Double Probate?
July 10, 2013 No Comments
Executors frequently appoint more than one person as his or her personal representative, and on occasion not all parties who are entitled to apply for