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17 Jul

Hearsay Evidence in Will Variation Claims

It is often the case in estate litigation cases that evidence brought forward at trial through witnesses are statements of a deceased person. These statements would be categorized as hearsay, the defining features of which are the fact that the statement is adduced to prove...

17 Jul

Executors in Wills Variation Cases

In cases where there are wills variation claims, executors are meant to be a neutral party and assist the Courts with any information regarding assets and administration of the Estate. In Campbell v Campbell, [1986] BCJ No 1221 (SC) it was held that the executor’s...