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.
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