In nearly every lawsuit, opposing parties put forward different versions of events. After listening to the conflicting evidence, the judge has to make a decision about what really happened. The judge’s determination often hinges on an assessment of the reliability and credibility of the witnesses. Deciding whether a witness is reliable and credible is not […] Read More
At the outset, there can be a lot of mystery surrounding estate litigation. Every person involved likely has a different story, and will reveal previously unknown information as matters progress and affidavits are exchanged. As new facts emerge over the course of litigation, a party may discover new claims arising from the same series of Read More
In estate litigation, affidavits are a common and crucial source of evidence. On occasion, one party may take issue with an opposing party’s affidavit evidence. When this happens, the usual course of action is to challenge the admissibility of the affidavit evidence at trial or during the main hearing. However, in some circumstances, it may Read More
As lawyers, we try to encourage our clients to take a reasoned and reasonable approach when it comes to pursuing (or not pursuing) ongoing litigation. There are times when there is no choice but to resolve a dispute in court, and there are times when settlement is the best avenue. However, when and on what Read More
Doing the work of an estate trustee can be demanding and thankless. It usually involves endless paperwork and multiple visits to the bank. However, the job is made much more difficult when it is unclear whether the deceased is, in fact, dead. While it may seem obvious, death is usually confirmed by examining a body. Read More
