Tag: probate

Encroachment of a Spousal Trust

June 16, 2018 No Comments

Toigo Estate 2018 BCSC 936 reviewed the law of the court’s jurisdiction to grant an order approving a resolution of the trustees discretionary power to

Adjournment of Trials

June 15, 2018 No Comments

The adjournment of a trial is a discretionary matter to the court, and the discretion must be exercised in accordance with the interests of justice,

Converting a Petition to an Action

June 14, 2018 No Comments

Certain claims such as proving a will in solemn form must be brought by petition, and if the matter is to proceed, the petition must

Witness Immunity and Republication of Judgements

June 12, 2018 No Comments

I have on occasion received letters from parties involved in litigation that I have blogged about demanding that I remove the blog because of involving

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

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

Can You Prove Mental Incapacity for a Will?

April 24, 2018 No Comments

Nykoryak v Anderson 2017 BCSC 1800 is a decision that in many respects is indicative of how difficult it is to succeed in having a

Proof In Solemn Form and Attestation Clauses

October 26, 2017 No Comments

Bhall Estate 2017 BCSC 1867 involved a contested application to prove a will in solemn form where the court inter alia relied upon the presence

Is a Will Valid By A Grant of Probate?

September 19, 2017 No Comments

Seepa v Seepa 2017 ONSC 5368 revisited the question of whether a will is recognized as valid by a grant of probate. The Court followed

Spoliation of Evidence

April 8, 2017 No Comments

Spoliation of evidence is the intentional destruction of relevant evidence when litigation exists or is pending. There are few cases on the issue in Canada