SOURCE: Kushner Law

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September 22, 2015 10:00 ET

Vancouver Litigation Lawyers Demystify the Executor's Role in Wills Variation

Vancouver Litigation Lawyers Release Article That Details the Executor's Responsibilities When Conflict Occurs

VANCOUVER, BC--(Marketwired - September 22, 2015) - Kushner Law Group, a team of litigation lawyers in Vancouver, know that estate law can be perplexing for anyone who hasn't had to deal with it before. Serving as an executor is a significant responsibility that can become even more complex if someone is challenging the distribution or validity of a will. To help people understand the role of an executor during a conflict, Kushner Law Group has released an article on their website at http://kushnerlaw.ca/executors-role-in-wills-variation-litigation-bc-law/, which details three crucial points an executor must know:

1) An executor must not distribute the estate without a court order if proceedings have been commenced that may affect the distribution.

This means that executors or their personal representatives should not distribute any part of the Estate if a Notice of Civil Claim has been filed and a claim for a variation of the will has been made. Otherwise, if the distribution proves to be improper, the executor may be personally liable.

2) Executors must remain neutral when faced with a Wills Variation claim.

The role of the executor is not to comment on the legality of the gifts (or lack of gifts). The executor is required to distribute the estate faithfully, whether in its original form or if varied by court order in wills variation litigation.

3) An executor who wants to challenge a will must resign their role.

The role of the executor is to remain neutral. As a result, if an executor wants to challenge a will, they must resign or they will be in a conflict of interest.

By understanding the role of executor, an individual will be able to discharge their duties in a way that is meaningful and compliant with the law. If conflicts or questions do come up, the article advises it's best to seek consultation with a litigation lawyer to avoid legal problems and entanglements down the road.

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The Kushner Law Group was founded on the principle that all potential litigants are entitled to cost-effective and practical advice. A unique combination of legal experience and creativity allows the professionals at Kushner Law Group to come up with creative and practical solutions to a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call at 604-259-2288 ext. 806.

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