Using Notional Separation in WESA – Part 2
Notional separation can be useful tool in determining the legal duty owed to a spouse who is not adequately provided for in their deceased spouses will. In part 1 of this blog series, we reviewed the principles behind using the tool of notional separation as a way to measure a spouse’s entitlement in an estate litigation case. What is Notional …Read more →
Using Notional Separation in Wills Variation Actions
What is Notional Separation in Wills Estates and Succession Act (WESA)? The Wills Estates and Succession Act provides spouses and children with the ability to challenge the will of a deceased spouse or parent if they believe that they have not been adequately provided for. In the case of the spouses, one tool that the Courts have used in determining …Read more →
Cancelling a Certificate of Pending Litigation – Vancouver Litigation Lawyers
One of the tools that litigants have to secure potential proceeds in a successful estate litigation lawsuit is the use of certificates of pending litigation. A Certificate of Pending Litigation (“CPL”) is a charge on a property that can secure a litigants interest in a property by stopping the owner from either selling or refinancing the subject property. However in …Read more →