All aspects of life are increasingly affected by the proliferation of advances in technology. Wills and estates are no exception.

 

One of the results of the growth of digital assets and online communications is the evolution of evidence that is required for estate litigation and estate administration. Virtually all evidence, unless it is a handwritten note, physical evidence or witness testimony, is now electronic in its original format.

 

Heuristica’s Crystal O’Donnell (along with co-author Holly LeValliant) have just published the first of a series of articles on the Trusts and Estates Law section of the Ontario Bar Association website. The series is intended to assist counsel in understanding the unique legal requirements for electronic evidence, and identifying issues related to estate administration and litigation in the digital age.

 

The first installment outlines some myths regarding the application of electronic evidence principles in estates litigation. The articles that follow will address issues of best practices for electronic evidence and the importance of this source of evidence to your case.

 

The first article can be found on the website of the Ontario Bar Association:

https://www.oba.org/Sections/Trusts-and-Estates-Law/Articles/Articles-2016/June-2016/Estates-in-the-Digital-Age-Debunking-E-Discovery-M

 

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