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As a group of litigation lawyers in Vancouver, the team at Kushner Law typically advises that one of most useful tools 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 works to secure a litigant's interest in a property. It stops an owner from either selling or refinancing the subject property. However, in some circumstances, property owners can bring in an application to have the charge removed. For more, go to: http://www.kushnerlaw.ca/cancelling-a-certificate-of-pending-litigation/

The family lawyers at Kushner Law Group handle various types of estate litigation and family law litigation claims on a regular basis. In some ways, these two areas of practice intersect as they often deal with disputes grounded in family dynamics. A legally binding cohabitation agreement can often be a peaceful solution to circumvent long and acrimonious disputes. For more, go to: http://www.kushnerlaw.ca/considering-cohabitation-agreements-vancouver-family-law-lawyers/

Through the Wills Estates and Succession Act ("WESA"), estate litigation lawyers have many new resources at their disposal when assisting their clients with estate issues. One of the more interesting aspects of WESA is section 58, which permits an applicant to seek an Order from the Court curing a deficiency in a will.

In part one of a two-part blog series on the Skopyk Estate, 2017 BCSC 2335, an article posted on the website of the Kushner Law Group discussed an application to the British Columbia Supreme Court to determine if an unsigned handwritten document had sufficient testamentary intent to revoke or alter a 1995 will.

At the Kushner Law Group, many clients request help with the drafting of their wills. A properly drafted and binding will is a gift of certainty to family and loved ones. Of course, the process is reasonably complex, and before approaching an estate lawyer a testator (the person writing the will) should consider three key points.

As a team of lawyers in Vancouver, the Kushner Law Group has just published part one of a two-part series that examines how 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 an Estate.

In part one of this two-part blog series, the estate lawyers at Kushner Law looked at the case of the Atrill Estate, 2018 BCSC 350. The case centered around a will that named a predeceased wife as the main beneficiary. One son, Ian James, also deceased, had been omitted from the will. However, Mr. James had three children, including one who had been adopted out. The court then sought to establish what, if any, claim Mr. James' children had on the estate.

As estate lawyers, the team members at Kushner Law know there can be many challenges raised by competing family members who want a share of an estate. A valid will means only limited people can issue a challenge. A new blog looks at intestate entitlement when someone has been purposely excluded.