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 →
Removing Executor for Conflict of Interest Vancouver Estate Litigation Lawyers
Executors are critical cogs in the machinery of administering an estate. An issue that often arises in the context of Estate litigation is when a beneficiary would like to see an executor removed. Courts are reluctant to remove executors solely at the whim or request of a beneficiary in order to respect the principle of testamentary intent. However, there are …Read more →
Curing Deficiencies in Wills With WESA – Part 2
In part 1 of this blog series, we began discussing the case of Skopyk Estate, 2017 BCSC 2335 where the British Columbia Supreme Court was asked to consider an application under s. 58 of the Wills Estates and Succession Act (“WESA”) to determine if an unsigned handwritten document of the Deceased had sufficient testamentary intent to revoke or alter a …Read more →