Commencing Actions on Behalf of an Estate – Part 1
When the Wills, Estates and Succession Act was introduced, it provided Estate Litigation lawyers with a variety of new statutory tools to assist their clients in commencing action with respect to estate. S. 151 of the Wills, Estates and Succession Act (“WESA”) permits litigants to apply to the Court for leave (or permission) to commence an action on behalf of …Read more →
Estate Litigation – Intentionally Excluded and Adopted Out – Intestate Entitlements for Children of the Deceased – Part 2
It is a common refrain for Estate Litigation lawyers to reminder their clients to keep updated and valid Wills. When there is a gift to a person who pre-deceases the Testator and the Will does not have an adequate residuary clause an intestacy or partial intestacy can occur. In Part 1 of this blog series, we began to review the …Read more →
Estate Litigation: Understanding Intestate Succession Part II
Lawyers who practice Estate Litigation always emphasize the importance of estate planning to ensure that people understand the importance of having a valid will. However, as we discussed in part 1 of this blog series, there is still a huge number of people who die without a valid will. When someone dies without a will they are considered to have …Read more →