Estate Litigation and Family Law: Certificates of Pending Litigation
In both family law matters and estate litigation disputes, as well as in some civil matters, certificates of pending litigation are important tools through which plaintiffs and claimants can secure their potential claims against real property which is registered in the name of the opposing party. Section 215 of the Land Title Act, provides the following: 215 (1) A person …Read more →
Understanding Intestate Succession – Estate Litigation
Estate Planning and Estate Litigation lawyers often preach the importance of planning ahead and most importantly, executing a valid will that deals with all of your assets. However even in circumstances where someone has tried to make an estate plan, if the will is found to be invalid or poorly drafted so that all assets are not covered, the distribution …Read more →
Ordinary Residence in Estate Litigation
While jurisdictional disputes are important in many differing types of litigation, in Estate litigation particularly, a determination with respect to jurisdiction can be critical as to whether a disinherited spouse or child can bring a claim for a variation of a will. Under the Wills, Estates and Succession Act (“WESA”), a person must be an “ordinary resident” of British Columbia …Read more →