What is the test for obtaining production of documents from a solicitor who performed legal work for the deceased?
British Columbia, Canada
The following excerpt is from Wood v. Wilkie, 2012 BCSC 1120 (CanLII):
The plaintiff relies on Fawcett Estate v. Fawcett Estate, [1998] B.C.J. No. 629. In that case one of the representatives of the estate sought production of documents in the possession of a solicitor who had performed legal work for the deceased. The solicitor agreed to provide the contents of a conveyancing file, but refused to provide the documents contained in the file relating to the preparation of the deceased’s will.
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