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

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.Download the PDF to read the entire newsletter.