A Review of Some of the Evidentiary Issues in Estate Litigation

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This paper discusses some of the evidentiary rules and presumptions that apply to estate litigation. It also discusses sources of evidence that may be adduced to support a litigant’s arguments. In particular, it provides an overview of the law of evidence under the Alberta Evidence Act and Alberta jurisprudence. As well, evidentiary issues regarding testamentary capacity, undue influence, and interpretation and rectification of wills are also discussed. In addition, important evidentiary presumptions are highlighted, such as the presumption of advancement and the presumption of resulting trust.

This paper is part of a collection presented at LESA’s Estate Litigation Fundamentals seminar held in Edmonton on April 5, 2017 and in Calgary on April 12, 2017.

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