by Lisa Fenech How much time does a will challenger have to commence proceedings? The safest answer is: within two years of the date of death of the deceased. If a will challenger wants to commence proceedings after two years of the date of death, they will need to convince a court that the principle of […]
by Rob Levesque It is well-settled that in estate litigation the unsuccessful party must generally pay some of the successful party’s costs – this is often referred to as the “loser pays principle”. Importantly however, the loser pays principle is subject to certain exceptions that are unique to estate litigation. For instance, where there is a […]
by Robin Spurr, Published: November 07, 2014 There has been a lot of buzz in the legal community recently about the case of Leibel v. Leibel (reported as Leibel v. Lewis), which was decided by the Honourable Justice Greer in August of this year. The reason for all the legal chatter is that this case clarified whether there is […]