Preservation, Patience and Persistence: The Dilemmas of a Litigator in Estates

WeirFoulds LLP | OCTOBER 9, 2014
Caroline Abela

In Re Estate of Ireni Traitses,1 Justice David Brown raised the issue of a cost-effective procedure when dealing with a "one house will fight". Quite often, the estate assets that are the subject matter of litigation relate to just that – some de minimis personal property, small bank account balances and a family home. Depending on where the house is, the value of the home can be worth half a million dollars or over a million dollars in value. In this context, where all the value of the estate is in the house, a litigator must decide when it is important or appropriate to seek preservation of the major asset in the estate and how to go about the preservation.

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