SOURCE: Kushner Law

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April 26, 2016 13:00 ET

Vancouver Law Firm Explains Benefits of Certificates of Pending Litigation

Vancouver Law Firm Explains How Certificates of Pending Litigation Can Prevent the Quick Sale of a Contested Estate

VANCOUVER, BC --(Marketwired - April 26, 2016) - Kushner Law Group, a Vancouver-based law firm, has some useful advice for anyone thinking of contesting a will. After a sudden or expected death, beneficiaries will often move quickly to try to deal with the estate of the deceased. This often involves the sale of any property inherited. Filing a Certificate of Pending Litigation lets prospective buyers know that a piece of property is subject to a lawsuit. For more information, go to: http://kushnerlaw.ca/what-is-certificate-of-pending-litigation-bc-law/.

This is significant because many buyers will not want to purchase property that is subject to court proceedings. They may require that the CPL be lifted prior to completion. The Wills, Estates, and Succession Act ("WESA") in BC permits plaintiffs to register a CPL on property within 10 days from the date of filing their Notice of Civil Claim or Petition.

61(5) Within 10 days from the date of the issue of the initiating pleading or petition, a plaintiff in a proceeding under this Division may register, in the land title office in which the title to land sought to be affected is registered, a certificate of pending litigation against the land in a form approved under the Land Title Act.

CPLs provide important protection to potential beneficiaries because even if a contested property is sold, the funds are usually held in trust by one of the lawyers involved, who will provide an undertaking not to release the funds.

If you are concerned about the disposition of property and are considering filing a claim to vary a will, contact the Kushner Law Group to schedule a free consultation.

About the Company

The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.

Contact Information

  • Kushner Law Group
    Lars Kushner
    Phone 604-629-0432
    Fax 604-689-4451

    Company website: http://kushnerlaw.ca/
    1008 Beach Ave #105