In what circumstances will a judge admit evidence that challenges the validity of a will or the settling of an inter vivos trust?

British Columbia, Canada


The following excerpt is from Fawcett Estate, 1998 CanLII 4567 (BC SC):

The exception in the wills cases and by extension the inter vivos trust situation as seen in Geffen v. Goodman appears to deal with the scenario where the validity of a will or the settling of an inter vivos trust is being challenged and where such challenge goes directly to the creation of the will or trust then it is in the best interests of justice to admit such evidence.

Other Questions


Is a judge's failure to consider relevant evidence relevant to the issue of inter vivos gifts an error of law? (British Columbia, Canada)
In what circumstances will a summary trial judge be able to resolve issues where there are conflicting evidence? (British Columbia, Canada)
What is a judge’s role as an appellate judge to second-guess the weight of evidence? (British Columbia, Canada)
In a personal injury case, in what circumstances will the trial judge admit records that are not relevant to the rule against hearsay? (British Columbia, Canada)
In what circumstances will the BCSC find that evidence of J.B. and her evidence be inconsistent in relation to particular events? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Is the petitioner's evidence of her taking her hand not challenged or challenged? (British Columbia, Canada)
In what circumstances will the court admit evidence of a newspaper clipping with regard to the heroin trade in Pakistan? (British Columbia, Canada)
What is the test for a judge to determine whether or not the evidence was improperly admitted? (British Columbia, Canada)
When will a judge impose a constructive trust on a fiduciary trust? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.