Estate Litigation

Total 414 Posts

Affidavit Evidence – A Refresher

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Motions and applications rely on affidavit evidence – written statements sworn under oath. This is in contrast to actions, where evidence is provided by live witnesses who are examined or cross-examined in court (this is what you see on TV dramas). Relying on affidavit evidence translates into less time spent in court – since the judge reviews the affidavits prior to the hearing, court time is used by the lawyers….

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Credibility, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills

Is It A Forgery?

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Many of us in the estates and trusts world have encountered a situation where a client or party has alleged that a signature or handwritten note is forged. The evidence of a forensic document examiner, or handwriting expert, is sometimes led to assist a party in establishing that the signature or handwriting is a forgery. In Chishti v. Northside Pharmacy Ltd. et al, 2021 NBQB 35 (CanLII) (“Chishti”), the court….

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Credibility, Estate Litigation

Zoom Is Here To Stay: Virtual Discoveries As The New Normal

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In the early days of the COVID-19 pandemic, I blogged about Justice Myers’ decision in Arconti v. Smith where his Honour decided that an examination should proceed virtually.  As his Honour pithily noted, we no longer record evidence with a quill and ink; technology changes and our legal practices must change with it. If there was a doubt as to whether Arconti was only applicable during the pandemic, Justice Myers….

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Estate Litigation

Capacity to Retain and Instruct Counsel

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Estate litigation cases often impact upon persons who are incapable. In particular, an individual may be incapable of, among other things, managing their property or personal care, of making a will (testamentary capacity) and of retaining and/or instructing counsel. The recent case of Guardian Law Group v. LS, 2021 (“Guardian”) reviews the requirements that must be met by counsel to be validly retained to represent an individual. In Guardian, the….

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Capacity Law, Contracts, Estate Litigation, Retainer Agreement

Disclosure of a Party’s Medical Records

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In will challenges, it is common to seek the disclosure of the testator’s medical records for the period around the time the will was signed. The medical records are directly relevant to the question of whether or not she had the requisite capacity to sign the will. While the testator has a right to privacy that continues after death, the harm caused by disclosure of the records after death is….

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Contested wills, Costs, Credibility, Estate Litigation, Family Conflict, Healthcare, Limitation periods, Wills

TIPS ON BRINGING A PASSING OF ACCOUNTS APPLICATION – PART 5 (FINAL THOUGHTS)

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Today’s blog will wrap up my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1]  We will look at how an Executor/Trustee completes the Passing Application and obtains a judgment on passing of accounts. A Passing Application will either proceed without a court hearing, if no notices of objection to the accounts were filed or if objections were filed but were formally withdrawn OR with….

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Estate Administration, Estate Litigation
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