Author: Layne N. Thiessen

When wills and inter vivos transfers are disputed, with the donor or testator often dead, incapacitated, or infirm, the best and most objective evidence is almost always that of the drafting or advising solicitor. This paper examines situations when lawyers may be required to give evidence, potentially relevant types of privilege, waivers, and considerations when compelled or volunteering to give evidence.

This paper is part of a collection presented at LESA’s 2025 Refresher: Wills and Estates in Victoria, BC on April 10-12, 2025.