All posts in the ‘Estate Litigation’ category

Executor Granted Disclosure of Legal Advice Given to Deceased Will-maker

Solicitor-client privilege is a legal principle that protects, or “privileges”, communications that involve the provision of legal advice between a lawyer and their client, and requires the lawyer to hold the content of those communications strictly confidential. Unless one of the narrow exceptions to the rule applies, only the  client has the right to divulge… View this post »

Court Rejects Disinheritance of Children based on “Invalid” Reasons

“Testamentary freedom” is the notion that a will-maker (or “testator”) is entitled to divide her property upon death however, and to whoever, he or she sees fit. In certain circumstances, however, statutes and courts in British Columbia and other jurisdictions have limited this freedom, by requiring the will-maker to provide for certain beneficiaries in the… View this post »

Committeeship Applications: the Uragi Case

A growing area in estate litigation is committeeship applications. A committee is a person or institution who is appointed to make personal, medical, legal and/or financial decisions for an adult person (the patient) who is mentally incapable and cannot make those decisions for him or herself. The first stage in the application process is determining… View this post »