• Preservation, Patience and Persistence: The Dilemmas of a Litigator in Estates
  • November 10, 2014 | Author: Caroline E. Abela
  • Law Firm: Weirfoulds LLP - Toronto Office
  • In Re Estate of Ireni Traitses, 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.