Rules of Court Regarding Estate Matters. Do Estate Disputes Usually Go to Court or Settle?
With David Hobbs and Ian Giroday. In this episode David explains some of the rules of the court specific to estate matters. Ian discuses a common question regarding whether estate disputes typically go to court or settle out of court.
Show Notes Episode 10:
David Hobbs, Rules of Court related to Estate Matters
The Rules of Court are the roadmap for handling litigation in the Supreme Court of British Columbia
- With respect to estate matters, there are specific rules that deal only with estate matters.
- Rules provide step by step instruction, for example:
- How to apply for a grant of probate;
- Instructions on how to file a notice of dispute; and
- Instructions on how to issue a citation.
- There are various processes and rules that relate to the processes with step by step instructions on:
- What to do;
- What you need to file;
- What you need to pay; and
- Where and how to file, etc.
- The rules are very specific and very detailed.
Ian Giroday, on the question of whether estate litigation usually goes to trial, or settles out of Court
- Like most civil litigation in BC there’s a good chance an estate litigation dispute will settle.
- There are a number of reasons why disputes settle:
- A settlement involves the parties in the decision-making process.
- Litigation is expensive.
- Settlement is final so there is no risk of appeal.
- There are various mechanisms for settlement:
- Informal settlement discussions.
- Mediations – agreed to between the parties, or one party can issue a notice to mediate.
- Within the Court system itself there are other mechanisms that may lead to a settlement:
- Judicial settlement conferences.
- Summary trial processes.
- Hearings on the basis of points of law.
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