Wills & Estate Litigation Lawyers Explain Compelling An Executor to Act Part 1

Wills and Estate Litigation Lawyer in Vancouver BC

There are often times in Estate Litigation where progress with respect to a claim can be tied up by an Executor who is unwilling or unable to act with any  diligence of speed. When an Executor is slowing the process (intentionally or not), it can be frustrating for claimants in a Wills Variation Action who find that their claim becomes affected by the delay. There are several tools available which beneficiaries to a Will or claimants in a Wills Variation action can use to compel executors into motion.

Wills & Estates Litigation Rules

The Wills, Estates and Succession Act and the new Probate rules which accompany it provide that if an Executor is served with a citation, they must apply for a grant of administration within 6 months of the date upon which the citation is served. This is a useful tool for beneficiaries to spring executors into action and force their hand. If an Executor fails to apply for probate , or provide an Answer or fails to provide the information, then they are deemed to have renounced the Executorship.

Contact Vancouver Wills & Estate Lawyer

If you are involved in Estate Litigation, contact the Kushner Law Group today to schedule a consultation.



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