The Vancouver Litigation, Will and Estates Lawyers at Kushner Group have recently added to a FAQ page for those who want to know more about hiring a lawyer in BC

Vancouver, BC -- (ReleaseWire) -- 05/30/2019 -- What does a litigation lawyer do? In many instances, people may live their whole lives without ever learning the answer. But when legal action is initiated—either by an individual or against them, the services of such a lawyer becomes indispensable. To help Vancouverites and British Columbians understand the role a litigation lawyer plays, the team at Kushner Law Group have dedicated a page on their website to Frequently Asked Questions (FAQs). For more, go to: http://www.kushnerlaw.ca/faqs/

The FAQ page featured the Kushner Law Group site delves into the role of litigation lawyers in Vancouver. The page briefly outlines 5 questions people often ask of lawyers including:

- Why should I hire a lawyer to represent me in a litigation matter?
- When is the best time to contact a lawyer after a car accident or injury?
- Will my case settle before trial?
- What is Mediation?
- Does the Kushner Law Group take cases on a contingency fee?

Each question is answered in a brief and succinct manner. For example, for those wondering about the benefits of hiring a litigation lawyer, the page explains:

"Lawyers can help you navigate the intricacies of the court process. All of the different levels of court in British Columbia have different rules and regulations. Court rules typically set out mandatory deadlines for the filing and production of documents and other very important materials. If you miss a deadline, you may miss the opportunity to present a critical part of your case. Lawyers can also help you present your case in the most compelling way, by weeding through all of the facts and ensuring that the Judge's attention is focused on the most material details."

The Vancouver Litigation, Will and Estates Lawyers at Kushner Group understand that the law isn't easy for everyone to understand, and becoming embroiled in legal action can be stressful. Working with experienced lawyers can help settle matters in a timely, efficient way—and in many cases out of court as well.

Anyone involved in legal action is strongly advised to consult with an experienced lawyer. To learn more about hiring a litigation lawyer in Vancouver, please schedule a consultation with a team member of the Kushner Group. Services are available in Spanish and English.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Circumstances for seeking will variation are explored by the Vancouver Will and Estate Lawyers at Kushner Law

Vancouver, BC -- (ReleaseWire) -- 05/23/2019 -- What happens if a family member is wrongfully excluded from a will? If a person in British Columbia believes they have been wrongfully left out of a will, or are not properly provided for, they have 180 days from the day that the Grant of Probate is issued to bring on an action, pursuant to the Wills, Estates and Succession Act, to vary a will. For more, go to: http://www.kushnerlaw.ca/services/estate-planning-litigation/

As experienced wills and estate lawyers in Vancouver, the team members at at Kushner Law Group act on behalf of various parties, including named beneficiaries under a will who seek to protect their inheritance, unnamed beneficiaries who have been left out of a will, personal representatives appointed under a will or by a court, and persons seeking to inherit when a close relative has died without a will (also known as an intestacy).

According to the Wills, Estates and Succession Act ("WESA") in BC, the will-maker has a duty to provide for his or her spouse and children.

"If a will-maker dies leaving a will that does not, in the court's opinion, make adequate provision for the proper maintenance and support of the will-maker's spouse or children, the court may, in a proceeding by or on behalf of the spouse or children, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the will-maker's estate for the spouse or children."

In many cases where a family member has been excluded from a will, this means resolving cases in a timely and efficient manner, utilizing alternative dispute resolution methods, like mediation, wherever possible. When no compromise can be reached and litigation becomes necessary, a wills and estates lawyer will be called on to represent a case in court.

Only the spouse or children of the will-maker have standing in law and may apply to the BC Courts to vary a will. If a family member believes they have been wrongfully excluded from a will, the first step is finding a wills and estates lawyer who can assist with the necessary litigation.

As a team of wills and estate lawyers in Vancouver, Kushner Law Group has in-depth experience working with those seeking to vary a will as well as people who need assistance in other legal aspects of end of life planning, including estate planning and wills, power of attorney agreements, representation agreements, health care directives, and committeeship nominations.

To learn more about will variation in BC, please schedule a consultation to speak to a wills and estates lawyer at Kushner Group. Services are available in Spanish and English.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

circumstances for writing a will explored in timely article from Vancouver will estate and planning lawyers

Vancouver, BC -- (ReleaseWire) -- 04/18/2019 -- How many people do you know who hold a valid will? It might seem like a strange question, but it's a task that many postpone. There's often a fear it will take too much time or money. However, having a will becomes non-negotiable in certain circumstances.

As a firm of Vancouver will and estate lawyers, the team members at Kushner Law Group have created a timely blog that explores when it's time to tackle will and estate planning. For more, go to: http://www.kushnerlaw.ca/will-estate-planning-vancouver-lawyers/

The article begins by providing a list of scenarios where creating a valid will, one that meets the requirements of the Wills Estates and Succession Act (WESA), is strongly recommended. Some of these include:

- Becoming a parent or becoming pregnant
- Entering into a long-term relationship or getting married
- Adopting pets
- Acquiring assets or property
- Tax planning for end of life

Potential outcomes for dependents and assets (if a valid will is not available) are also explored. For example, "where children are involved and both parents are deceased, the Public Guardian and Trustee of BC will work with other ministries to make sure children are properly looked after, both physically and financially, including holding the child's share in trust for them until they turn 19."

While drafting a will may not be easy, the benefits include ensuring end of life wishes are heeded with respect to care, legal, personal, and financial affairs should a testator (will maker) become incapacitated or pass on.

If any of the circumstances listed above are applicable, speaking to an experienced estate lawyer in Vancouver is strongly recommended. To learn more about drafting a will, contact the Kushner Law Group and schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Estate Planning is a gift that reduces worry and tension for family members

Vancouver, BC -- (ReleaseWire) -- 04/18/2019 -- The Vancouver Estate Lawyers at Kushner Group have a practice in wills variation, litigation, and estate planning in Vancouver. While estate planning is often an uncomfortable topic, it is one of the greatest gifts one can give, providing peace of mind and care to family members during the periods of transition and upheaval when a death occurs. For more, go to: http://www.kushnerlaw.ca/services/estate-planning-litigation/

For people who are unsure about how to get started, the first step is simply connecting with an experienced estate lawyer in Vancouver. A lawyer will be able to assist with all the legal aspects of end-of-life planning, including estate planning and wills, power of attorney agreements, representation agreements, and health care directives.

Creating a legal will that clearly outlines the wishes of the deceased can prevent strife and disagreement among family members during what could be an emotionally charged and turbulent time. One of the major reasons so many families end up tangled in estate disputes is because of a lack of clarity around the requirements for a valid will.

Working with a skilled litigation lawyer in Vancouver is one of the best ways to make certain that a will is valid and meets the requirements of the Wills Estates and Succession Act (WESA).

To be valid, a will must be:

(a) in writing,

(b) signed at its end by the will-maker, or the signature at the end must be acknowledged by the will-maker as his or hers, in the presence of 2 or more witnesses present at the same time, and

(c) signed by 2 or more of the witnesses in the presence of the will-maker.

2) A will that does not comply with subsection (1) is invalid unless

(a) the court orders it to be effective as a will under section 58 [court order curing deficiencies],

(b) it is a will recognized as valid under section 80 [validity of wills made in accordance with other laws], or

(c) it is valid under another provision of this Act.

Creating a valid will that stands up to potential challenges and clearly outlines a benefactor's intentions is an important step to ensuring that loved ones can transition smoothly after a family death.

The team at Kushner Law Group offers comprehensive packages that provide certainty your loved ones will be cared for in the event of incapacity or death. As experienced an estate lawyers in Vancouver, they welcome working with couples and all kinds of extended families.

To speak to an estate lawyer in Vancouver, contact the Kushner Law Group and schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver family lawyers discuss how to navigate the process and protect personal rights during a divorce and other proceedings

Vancouver, BC -- (ReleaseWire) -- 03/28/2019 -- Family law is often an emotionally fraught practice. Whether a person is in a relationship, separated or recently divorced, it can be staggering to be the subject of a claim. If proceedings start, it's important to work with a well-practiced family lawyer. Family lawyers typically perform two broad roles. They:

Help to navigate the legal process
Work to protect the rights of their clients

For more, go to: http://www.kushnerlaw.ca/services/family-law/

People typically come to seek out a family lawyer to commence or respond to a family claim following a separation in a marriage or common-law relationship.

A practiced family lawyer will guide their client through the process and explain relative rights under the Family Law Act. They will negotiate on a client's behalf to reach a favourable outcome concerning spousal and child support, family property and debt division, custody, guardianship and parenting time of children, on both an interim and final basis.

As litigation can be costly, stressful and time-consuming, a family lawyer may encourage applicants to consider out-of-court solutions whenever possible.

For those seeking to protect themselves before entering a relationship, a family lawyer can help craft an agreement prior to cohabitation, which can protect property from litigation if the relationship breaks down in the future.

Although going through a family transition is never easy, a good family lawyer will offer skill, knowledge, experience, and compassion. They will work to ensure that their clients' rights are protected and all concerns are being addressed.

To speak to a family lawyer in Vancouver, contact the Kushner Law Group and schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver estate lawyers conclude two-part blog series where an applicant sought to receive lump sum childcare from a deceased spouse

Vancouver, BC -- (ReleaseWire) -- 03/20/2019 -- Last month, the Vancouver estate lawyers at Kushner Law Group began a two-part blog series that centred around the case of Bouchard v. Bouchard, 2018 BCSC 1728. In the case, the applicant was seeking an Order that lump-sum child support be paid from the Estate of the Deceased in the form of the trust funds left to the children. The blog shares how the Honourable Madame Justice Donegan concluded the case. For more go to: http://www.kushnerlaw.ca/until-death-do-us-partand-beyond-family-law-part-2/

This case is an example of the intersection between Estate Law and Family Law and between the Wills Estates and Succession and Family Law Act. After reviewing the law, the Honourable Madame Justice Donegan made the following comments:

[44] To repeat, Ms. Bouchard seeks an order that Mr. Bouchard pay her lump sum child support for the two children, pursuant to s. 170(g) of the FLA, in the full amount of the Trust Funds. She also seeks an order that Taylor & Blair release those funds directly to her lawyer.

[45] On the evidence adduced, the Trust Funds can only be seen as an asset of Mr. Bouchard's estate. Ms. Bouchard's attempt to obtain these funds using this approach really asks the court to circumvent the proper procedural and substantive law.

[46] Procedurally, Ms. Bouchard is improperly attempting to obtain orders in the absence of any representation of Mr. Bouchard's estate. The orders she seeks could only be orders against his estate and no one has been appointed as a personal or litigation representative.

58] Ms. Bouchard's belief that administration of Mr. Bouchard's estate is unnecessary is grounded primarily in two fundamental misunderstandings. First, she believes the Trust Funds are not an estate asset. On the evidence before this court, they certainly appear to be an asset of Mr. Bouchard's estate.

[59] Second, she believes there are no other claims against Mr. Bouchard's estate. With respect, this is impossible for her to know. Ms. Bouchard was separated from Mr. Bouchard for about three years at the time of his death and was not privy to all of his activities during this time. The fact that Taylor & Blair has received no claim to the Trust Funds is no comfort. Taylor & Blair is not administering the estate. The fact that some of Mr. Bouchard's family members are "fine with it" is also of no comfort. No one is administering this estate. It is entirely possible that other debt claims to the estate may exist and it is also entirely possible that such claims may have priority over any child support debt the estate may owe if an award were made.

[60] Finally, it must be said that circumventing the proper administration of Mr. Bouchard's estate fails to recognize or consider the legitimate direct interests of the children on an intestacy distribution. As Mr. Bouchard died without leaving a spouse, the children would have a direct claim to their father's net estate on such a distribution. Their interests need to be considered.

Estate law is often complex, and in this case, the judge turned down the applicant's request to receive a childcare lump sum payment. Under the old common law, unless the parties had agreed or a court had ordered that support obligations would continue after death, support obligations ended upon the payor's death. Under the FLA, it remains the case that the parties can agree or a court can order that a payor's support obligation continues after death and is a debt of the estate:

The team members at Kushner Law Group have experience acting as wills and estate lawyers on behalf of various parties. This includes named beneficiaries under a will who seek to protect their inheritance, unnamed beneficiaries who have been left out of a will, personal representatives appointed under a will or by a court, and persons seeking to inherit when a close relative has died without a will.

To learn more, contact the Kushner Law Group and schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver family lawyers provide insight into a case where continuing support claims were advanced after death

Vancouver, BC -- (ReleaseWire) -- 02/27/2019 -- As family lawyers in Vancouver, the team at Kushner Law Group know there are many complex intersections between Family Law and Estate Law. Both areas of law are highly personal, and in British Columbia, both have undergone significant shifts as a result of the introductions of the Family Law Act and the Wills Estates and Succession Act. In recent years, Estate Lawyers have increasingly encountered family law issues when spouses of the recently deceased advance continuing support claims.

This issue was recently canvassed by the Supreme Court of British Columbia in the decision of Bouchard v. Bouchard. For more, go to: http://www.kushnerlaw.ca/until-death-do-us-partand-beyond-part-1/

In part one of the two-part blog series, the family lawyers at Kushner Law Group discussed case 2018 BCSC 1728 where the Honourable Madame Justice Donegan ruled on an application by a former spouse of the deceased who sought payment of lump sum child support. The Court noted:

[32] After a parent dies, their estate may be liable for outstanding and continuing child support payments. The personal representative of the estate plays a role in determining whether the estate is liable for these things. This role is summarized in the British Columbia Probate and Estate Administration Practice Manual, 2nd Ed. (Vancouver: The Continuing Legal Education Society of B.C., 2007) (loose-leaf updated 2018), 11.27:

If the deceased was, immediately before death, liable for payment to an estranged spouse or child under a separation agreement or a court order, any arrears outstanding immediately before death will be a debt payable out of the estate. The personal representative will also have to determine whether the estate is liable for ongoing maintenance for the period following death. If so, the estranged spouse or child will rank as an ordinary creditor of the estate for the future installments, and the personal representative will be obliged to provide for that claim before distribution to beneficiaries. Failure to do so will render the personal representative personally liable for devastavit (see §11.12).

[33] In the past, under the common law, a payor's child support obligation ended upon death (see Milne v. MacDonald Estate, 1986 CanLII 931 (B.C.C.A.) and R.M.R. v. H.V., 2005 BCSC 52 at paras. 16-22), unless the parties reached an agreement or there was a court order specifying that the payor's support obligations would continue beyond his or her death. If there was such an agreement or court order in existence at the time of death, these obligations could continue as a liability of the estate: Crain v. Crain, 1996 CarswellBC 1174 (S.C.) at paras. 11-15.

[34] The common law I have just described has now been changed by the FLA. In the situation where a payor who has a duty to pay support under an agreement or order dies and the agreement or order is silent about whether that duty continues after the payor's death and is a debt of his/her estate, s. 171(3) of the FLA now allows the recipient of that support to apply for an order that the duty to pay support continues despite the death of the payor and is a debt of the estate, based on the factors in s. 171(1).

[43] To reiterate, under the old common law, unless the parties had agreed or a court had ordered that support obligations would continue after death, support obligations ended upon the payor's death. Under the FLA, it remains the case that the parties can agree or a court can order that a payor's support obligation continues after death and is a debt of the estate: s. 170(g); however, the legislation now allows for a recipient of support to apply to have that support continue as a debt against the payor's estate, even if the original support agreement or order was silent about support continuing after death: s. 171(3).

A subsequent blog that discusses the ruling on this application will soon be posted on http://www.kushnerlaw.ca/blog/, so check back often.

For help commencing or responding to a family claim, following a separation in a marriage or common-law relationship, professional legal advice is highly recommended. The Vancouver-based family lawyer at Kushner Group can guide individuals through the process and explain legal rights under the Family Law Act. For more, contact the Kushner Law Group and schedule a consultation.

About Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Estate lawyers in Vancouver discuss the process a beneficiary must take to sue the personal representative of the deceased

Vancouver, BC -- (ReleaseWire) -- 02/20/2019 -- Last month, the Vancouver estate lawyers at Kushner Law Group began a two-part blog that explored how a beneficiary might sue in the event there is a problem with the administration of an estate. In part two of the blog, the conclusion of Jang v. Jang, 2018 BCSC 1649 is addressed. For more, go to: http://www.kushnerlaw.ca/beneficiaries-ability-to-sue-estate-part-2/

As a refresher, a personal representative of an estate is obligated by a fiduciary duty to act in the best interests of that estate. This fiduciary duty may sometimes conflict with the personal representative's individual interests as a beneficiary of the estate.

The BC Supreme Court dealt with such an issue in the case of Jang v. Jang, 2018 BCSC 1649, wherein the personal representative and primary beneficiary of an estate was sued by the other beneficiaries under s. 151 of the Wills, Estates and Succession Act.

The Court recognized several failures of the personal representative's duty, as Mr. Justice Basran stated:

[29] Douglas is clearly in a conflict of interest. He is the personal representative of the estate and also its primary beneficiary. By operation of the right of survivorship, he transferred the Turner Street Property to his name after Mrs. Jang died. Obviously, any claim against this asset by the other beneficiaries will directly affect his interest in this property.

[30] Mrs. Jang died on May 22, 2016. The plaintiffs requested a copy of the Will by letter dated July 13, 2016. Douglas did not provide it to them until 15 months later on October 23, 2017. The Will clearly designates the plaintiffs as beneficiaries, and it was entirely unreasonable of Douglas not to advise the plaintiffs of this fact and not provide them with a copy of the Will when it was requested. By not providing the Will to the plaintiffs in a timely manner, Douglas did not act in accordance with his fiduciary responsibilities and obligations as the personal representative of the estate.

[31] Douglas has also failed to provide an accounting of the estate's assets, notwithstanding the July 2016 request that he do so.

Ultimately, the Court allowed the other beneficiaries to sue in the name of the personal representative, under s. 151 of WESA.

Estate law is often complex. People who feel they have been wrongfully excluded or wish to vary a will are highly advised to consult with an experienced estate lawyer who can provide advice and options in accordance with local laws.

Besides representing clients in court, the Vancouver estate lawyers at Kushner Law Group can assist with all legal aspects of end-of-life planning, including estate planning and wills, power of attorney agreements, representation agreements, health care directives, and committeeship nominations. To learn more, contact the Kushner Law Group and schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Estate lawyers in Vancouver discuss the process a beneficiary must take to sue the personal representative of the deceased

Vancouver, BC -- (ReleaseWire) -- 01/23/2019 -- As a team of estate lawyers in Vancouver, the lawyers at Kushner Law Group are often consulted by beneficiaries who are unhappy with the current administration of an Estate. A beneficiary under a will is restricted in his or her ability to sue in the name of the personal representative of the deceased person. The Wills, Estates and Succession Act imposes this restriction under the condition that a beneficiary must obtain leave of the court before bringing such a suit. For more, go to: http://www.kushnerlaw.ca/beneficiaries-ability-to-sue-estate-part-1/

In the case of Jang v. Jang, 2018 BCSC 1649, obtaining such leave was discussed in the case wherein the Honourable Mr. Justice Basran made the following statements:

[23] Pursuant to subsection 151(1) of the WESA, the plaintiffs require leave to bring claims in resulting trust, undue influence, debt, breach of fiduciary duty, and an accounting in the name of and on behalf of Douglas as personal representative of the estate. That section states:

(1) Despite s. 136, a beneficiary or an intestate successor may, with leave of the court, commence proceedings in the name and on behalf of the personal representative of the deceased person:

(a) to recover property or to enforce a right, duty or obligation owed to the deceased person that could be recovered or enforced by the personal representative;

(b) to obtain damages for breach of a right, duty or obligation owed to the deceased person.

[25] Subsection 151(3) sets out the requirements that must be met for a court to grant this leave:

(3) The court may grant leave under this section if:

(a) the court determines the beneficiary or intestate successor seeking leave

(i) has made reasonable efforts to cause the personal representative to commence or defend the proceeding,

(ii) has given notice of the application for leave to

(a) the personal representative,

(b) any other beneficiaries or intestate successors, and

1. c) any additional person the court directs that notice is to be given, and
(iii) is acting in good faith, and

(b) it appears to the court that it is necessary or expedient for the protection of the estate or the interests of a beneficiary or an intestate successor for the proceeding to be brought or defended.

[26] A proceeding may be "necessary" if the personal representative is unwilling or unable to proceed or it may be "expedient" if it is in the best interests of the estate. That proposition is from Bunn v. Bunn Estate, 2016 BCSC 2146

To learn Justice Basran's conclusion in the case of Jang v. Jang, check back soon. The follow-up will be published as a new blog post later this month.

For anyone who requires assistance with Estate litigation, the lawyers at Kushner Law Group are happy to sit down and discuss the particulars of a case. Contact the Kushner Law Group today to schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Lawyers in Vancouver explain the benefits of representation in Civil Litigation

Vancouver, BC -- (ReleaseWire) -- 01/21/2019 -- Unless the circumstances are extraordinary, no one really expects to become embroiled in a lawsuit. As a firm of lawyers in Vancouver, the team at Kushner Law Group explains why legal representation can be helpful when there is no alternative but to defend against Civil Litigation. For more, go to: http://www.kushnerlaw.ca/services/civil-litigation/

As an experienced firm, the team members at Kushner have represented both individuals and small business clients in multiple areas, including: mediation, negotiations, Small Claims Court, Provincial Court, Supreme Court, as well as before administrative and regulatory tribunals.

No matter the subject, lawsuits are complicated. A lawyer provides defendants with a better overall understanding of the legal process while advising on their rights and alternatives for a more favourable outcome.

A distinct benefit of civil litigation is that many lawsuits offer alternative opportunities to court. Sometimes, parties may agree to resolve their differences through negotiation or mediation. However, if court becomes necessary, Kushner's lawyers are passionate advocates and skilled negotiators.

With a proven track record of success, the team at Kushner Law Group works with clients to resolve cases in an efficient and timely manner. Kushner is pleased to work with clients in Vancouver and across the lower mainland. Legal advice in English or Spanish is available.

Anyone involved in Civil Litigation is strongly encouraged to seek professional help. To schedule a consultation, call 604-629-0432 today.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver lawyers at Kushner Group reveal that a significant amount of will variation occurs around adult children who have been disinherited

Vancouver, BC -- (ReleaseWire) -- 12/28/2018 -- As a team of wills and estate planning lawyers in Vancouver, it may surprise people to learn that a significant amount of will variation cases—people looking to challenge or alter a will—comes from adult children who have been disinherited and left out of their parents' wills. According to Section 60 of the Wills, Estates and Succession Act, adult independent children may ask the Court to vary the Will of their parent if the will-maker did not make adequate provision for the child. For more, go to: http://www.kushnerlaw.ca/wills-variation-claims-evaluating-the-claims-of-adult-independent-children/

The legislation uses the terms "adequate, just and equitable in the circumstances" to define the potential scope of a variation. While these terms are quite broad, the courts in British Columbia have given guidance as to what factors ought to be considered.

In the case of Dundson v. Dundson 2012 BCSC 1274, the Honourable Madame Justice Balance summarized the factors that a Court may consider in evaluating the potential size of a claim made by adult independent children:

[134] In the post-Tataryn era, the following considerations have been accepted as Informing the existence and strength of a testator's moral duty to independent children:

- relationship between the testator and claimant, including abandonment, neglect and estrangement by one or the other;
- size of the estate;
- contributions by the claimant;
- reasonably held expectations of the claimant;
- standard of living of the testator and claimant;
- gifts and benefits made by the testator outside the will;
- testator's reasons for disinheriting
- financial need and other personal circumstances, including disability, of the claimant;
- misconduct or poor character of the claimant;
- competing claimants and other beneficiaries:

Anyone who has been disinherited is advised to contact a lawyer experienced in estate litigation. To learn more, contact Kushner Law Group at 604-629-0432 or schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432
Fax 604-689-4451
Company website:http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Executors can and should turn to experienced estate lawyers who can undertake the probate process on their behalf

Vancouver, BC -- (ReleaseWire) -- 12/20/2018 -- As a firm of Vancouver estate lawyers, the team at Kushner understands that the probate process can be overwhelming for anyone without legal training. When dealing with the passing of a loved one, all the document preparation and filing—not to mention corresponding with financial institutions—can become overwhelming. However, an experienced estate lawyer can make the process easier, while ensuring all legal obligations are fulfilled in an accurate and timely manner. For more, go to: http://www.kushnerlaw.ca/explaining-probate-executors-and-the-will/

Kushner Law Group has assisted many executors with the probate process by preparing and filing documents on their behalf. For anyone who has been named an executor in a will, consider these helpful tips:

Consider Before Acting

While most executors are notified by testators that they are going to be named, it can sometimes be a surprise that comes following the passing of a close friend or loved one. Taking on the role of executor can be a large undertaking and it is important to ensure that you have the time, energy and capacity to act.

Get Organized

The financial affairs of a deceased person may not always be in the most organized state. A good executor immediately begins the process of locating and notifying relevant financial institutions to ensure all assets are accounted for.

Stay in Touch

The probate process can be slow and there are often hiccups that can delay the dispersal of funds. Beneficiaries are often anxious, and it is important that the executor stays in touch to keep relevant parties apprised of the steps along the way.

When it comes to acting as an executor, working with the Vancouver estate lawyers at Kushner Group can help make the process easier, while ensuring the responsible parties limit their potential liability. To learn more, contact Kushner Law Group at 604-629-0432 or schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver family lawyers suggest how families can take advantage of case conferences to shorten litigation

Vancouver, BC -- (ReleaseWire) -- 12/07/2018 -- As family lawyers in Vancouver, the legal team at Kushner Law understands that legal battles within a family can be a hard and emotionally draining process that's often drawn out. To shorten the process (and the emotional burden), the family lawyers at Kushner suggest taking full advantage of what's known as the Judicial Case Conference.

Judicial Case Conferences are mandatory steps in every family law proceeding filed in the Supreme Court of British Columbia. A judicial case conference is the first (and often only) opportunity for the parties to sit together in a room with their counsel and a judge or master and attempt to see if there are any issues that can be resolved without the need for further litigation.

To maximize the opportunities to shorten the legal process, the family lawyers at Kushner Law recommend the following:

1) Enter the JCC with an agenda of issues to discuss. The Judge or Master presiding over the JCC will direct the proceedings. However, it is important to be prepared with a list of issues to address.

2) Provide disclosure well in advance. It is not productive to attempt to ambush the opposing party with new documentation at the JCC. If there are documents that will be used, provide notice of them well in advance.

3) Be prepared to negotiate and compromise. Resolving issues at a case conference can save substantial time as well as litigation cost. However, effective negotiation requires compromise from all sides, so it is important to be prepared to be flexible and enter into good faith negotiations.

4) Stay calm. Case conferences can get emotional, especially if they are occurring following a dramatic break-up. It is important to stay calm and ask for a break if circumstances seem overwhelming.

Seeking trustworthy and experienced legal counsel during a family law dispute can help shorten the legal process as well as the strain on everyone. If you're involved in a family dispute and plan to seek legal action, the lawyers at Kushner Law can provide advice about your rights as well as the best course of action.

To learn more, contact Kushner Law Group at 604-629-0432 or schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver wills and estate lawyers publish blog discussing what happens to assets not named to a specific beneficiary

Vancouver, BC -- (ReleaseWire) -- 11/16/2018 -- When it comes to the discussions around Wills and Estates, the team at Kushner Law knows that the terminology can be quite confusing. One of the more interesting terms is residue of estate, which refers to assets that aren't gifted to specific beneficiaries. To address this, the firm recently published an article that discusses residue of estate and residual beneficiaries. For more, go to: http://www.kushnerlaw.ca/what-is-the-residue-of-an-estate/

As mentioned, the residue of an Estate is all of the property (both real and personal) that is not gifted to a specific beneficiary. An example of this would be if a testator (will-maker) died with $100,000.00 in cash and made two gifts of $20,000.00 each to two friends and named his spouse as the residual beneficiary. In this case, the spouse would be entitled to the $60,000.00 residue.

It is quite normal for the residue to be largest portion of the Estate. One interesting circumstance that can arise is if the will has no clause for a residual or if the residual beneficiary pre-deceases the testator. In this circumstance, we look to section 44 of WESA which provides the following:

If a will does not give or otherwise dispose of all of the will-maker's property, the property that is not the subject of a gift or otherwise disposed of in the will

(a) must be distributed to the persons who would be entitled if that property were an intestate estate, and

(b) if there is no person who would be entitled under paragraph (a), passes to the government and is subject to the Escheat Act.

This means that the residue will be distributed as if the testator had died without a will.

It's recommended that anyone making a will seek legal counsel to ensure their final wishes are coordinated and executed as intended. The wills and estate lawyers at Kushner Law provide a variety of services including Wills Variation, Estate Planning & Litigation.

To learn more, contact Kushner Law Group at 604-629-0432 or schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver estate lawyers publish blog on the validity of gifts to witnesses

Vancouver, BC -- (ReleaseWire) -- 10/30/2018 -- Gift giving in wills seems relatively straightforward, but the Vancouver estate lawyers at Kushner Law want people to be aware there are limitations. In BC, the Wills Estates and Succession Act ("WESA") governs legislation with respect to the litigation determining the validity of gifts made in Wills. If a named beneficiary is also a witness to the will, complications will arise. For more, go to: http://www.kushnerlaw.ca/wesa-witnesses-and-gifts/

When will-makers prepare their will without the assistance of an estate lawyer or other legal counsel, it can be easy to overlook prohibitions.

According to s. 43 of WESA, gifts to witnesses are prohibited:

43 (1) Unless a court otherwise declares under subsection (4), a gift in a will is void if it is to

(a) a witness to the will-maker's signature or to the spouse of that witness,
(b) a person signing the will by the will-maker's direction, or the spouse of the person signing, or
(c) a person claiming under a person, other than the will-maker, referred to in paragraph (a) or (b).

(2) For the purposes of subsection (1), the relevant time for determining whether one person is the spouse of another is the time when the will was made.

(3) If a gift is void under subsection (1), the remainder of the will is not affected.

(4) On application, the court may declare that a gift to a person referred to in subsection (1) is not void and is to take effect, if the court is satisfied that the will-maker intended to make the gift to the person even though the person or his or her spouse was a witness to the will.

(5) Extrinsic evidence is admissible for the purposes of establishing the will-maker's intention under subsection (4).

In other words, a beneficiary to a will who is also a witness can apply to the Court to have the gift recognized as valid by proving that the will-maker did intend to make the gift.

It's recommended that anyone who is named as a beneficiary but is having trouble inheriting due to legal matters should seek legal counsel. For anyone involved in estate litigation, the estate lawyers at Kushner Law provide a variety of services including Wills Variation, Estate Planning & Litigation.

To learn more, contact Kushner Law Group at 604-629-0432 or schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Kushner estate lawyers in Vancouver discuss how to revoke an old will to create a new one

Vancouver, BC -- (ReleaseWire) -- 10/24/2018 -- Wills are a tricky business at the best of times. When expectations and loss are at play, gift giving can be difficult. That's why estate lawyers work hard to make sure the will maker's wishes are expressed as clearly as possible. If at some point a will maker decides to create a new will, it's important to revoke the old one to minimize any misunderstanding and confusion. For more, go to: http://www.kushnerlaw.ca/revocation-of-wills/

If a will already exists, creating a new document doesn't automatically revoke the old one. Before making a new will, Section 55 of the Wills, Estates and Succession Act provides specific requirements as to how one can properly revoke a valid old will:

(1) A will or part of a will is revoked only in one or more of the following circumstances:
(a) by another will made by the will-maker in accordance with this Act;
(b) by a written declaration of the will-maker that revokes all or part of a will made in accordance with section 37 [how to make a valid will];
(c) by the will-maker, or a person in the presence of the will-maker and by the will-maker's direction, burning, tearing or destroying all or part of the will in some manner with the intention of revoking all or part of it;
(d) by any other act of the will-maker, or another person in the presence of the will-maker and by the will-maker's direction, if the court determines under section 58 that
(i) the consequence of the act of the will-maker or the other person is apparent on the face of the will, and
(ii) the act was done with the intent of the will-maker to revoke the will in whole or in part.
(2) A will is not revoked in whole or in part by presuming an intention to revoke it because of a change in circumstances.

It should be noted that most n ew wills drafted by estate lawyers will revoke a previous will in the first line of the document. For help in drafting a will or for anyone involved in estate litigation, seeking legal counsel is strongly recommended.

To speak to an estate lawyer at Kushner Law Group, call 604-629-0432 or schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

The family lawyers at Kushner Group explain their role in assisting clients going through separation or divorce

Vancouver, BC -- (ReleaseWire) -- 09/28/2018 -- Family law is one of the most difficult and delicate aspects of the law. Clients typically need a family lawyer in order to commence or respond to a family claim, following a separation in a marriage or common-law relationship. When it comes to helping clients navigate the legal process and protect their rights, a good family lawyer is a valuable resource that can minimize the emotional stress and costly litigation associated with relationship breakdown and separation.

For more, go to: http://www.kushnerlaw.ca/services/family-law/.

For most people, a family lawyer will only come into play if their partner has instigated a separation, or if there are ongoing support and custodial issues. Family lawyers use the Family Law Act to ensure clients receive a favourable outcome with respect to spousal and child support, family property and debt division, and the custody, guardianship and parenting time of children, on both an interim and final basis.

However, hiring a family lawyer is no longer a purely reactionary step. Increasingly, people are seeking relationship agreements to protect themselves and their assets from future potential litigation.

While it may not be romantic, it can become more difficult to negotiate once a couple is living together. While it is not imperative to enter into a relationship agreement prior to cohabitation, it is wise to obtain legal advice early on in the relationship so that you and your partner can reach a fair agreement that protects both your interests.

As experienced family lawyers in Vancouver, the team at Kushner Law Group can represent clients through all stages of separation or divorce. While exercising skills, knowledge, experience, and compassion, they can help clients understand the Family Law Act while ensuring their needs and interests are being addressed.

Clients who need advice are encouraged to call Kushner Law Group to schedule a consultation and speak with an experienced family lawyer. Consultations are available in English or Spanish.

About Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone: 604-629-0432
Fax: 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver estate lawyers say frequent revision may be necessary to ensure planning goals remain the same

Vancouver, BC -- (ReleaseWire) -- 09/21/2018 -- As a group of estate litigation lawyers in Vancouver, the team at Kushner Law Group know that most people understand the importance of having a will. However, review and revision are often necessary to ensure that estate planning goals stay the same. For most, a review every three to five years is recommended.

For more, go to: http://www.kushnerlaw.ca/when-to-revise-a-will/

As estate lawyers who practice in wills variation, estate planning, and litigation, Kushner Law Group can assist in all legal aspects of end-of-life planning, including estate planning and wills, power of attorney agreements, representation agreements, health care directives, and committeeship nominations.

While most people are aware of what necessitates a will change, a few outstanding examples include:

- marriage or separation
- death of intended beneficiary
- adoption or birth of a new child
- significant changes in financial circumstances
- acquisition of special or unique property

The estate lawyers at Kushner Law Group offer consultations in English or Spanish. In addition, when legal representation is due to wrongful omission from a will, they can confidently and passionately represent clients applying for a will variation. Clients who do not have a will or require revision are advised to speak to an estate litigation lawyer. To request a consultation with Kushner Law Group, call 604-629-0432.

About Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone: 604-629-0432
Fax: 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Most challenges to wills revolve around testamentary intent, according to litigation lawyers

Vancouver, BC -- (ReleaseWire) -- 08/30/2018 -- As a team that practices in litigation law in Vancouver, the lawyers at Kushner Law Group know that a testator's intent is a central issue to many estate litigation disputes. However, a new blog explores how Section 58 of the Wills Estates and Succession Act provides a useful tool to cure defects in a will and to ensure that the testator's last wishes get fulfilled, even if there are some issues with respect to the formalities of their will.

For more, go to: http://www.kushnerlaw.ca/testamentary-intent-trial/

The article begins by exploring whether various handwritten alterations on the will of the Deceased was sufficient to constitute testamentary intent in the case of Estate of Palmer, 2017 BCSC 1430.

This case was particularly interesting because the Application was being made in chambers, yet the Court determined that there was a bona fide issue that needed to be resolved at trial. In providing a decision, the Honourable Mr. Justice Kent made the following statements:

[18] It appears from his affidavit that Mr. Homeniuk's only contact with Ms. Palmer was by way of telephone and he did not actually visit her in British Columbia. This may be the reason why he is unable to comment on her health but evidence on such matters could have been provided through medical or hospital records and/or any health professionals who might have looked after Ms. Palmer in the years before her death.

[19] I wish to make it perfectly clear that my critique of the Homeniuk affidavit is not meant to be a negative reflection of Mr. Homeniuk's credibility or the truthfulness of his evidence. The difficulty arises only because of the affidavit testimony of Sean and Daryl Palmer who each in their own way cast aspersions on the credibility and reliability of Mr. Homeniuk's evidence.

[30] I have attempted to explain above why the affidavit evidence tendered on this application respecting certain matters is insufficient to do justice to the testamentary intentions of Ms. Palmer. In my view, oral evidence from the three affiants is desirable including cross-examination of those affiants on certain aspects of their testimony. As well, evidence must be adduced respecting Ms. Palmer's physical and mental health and, in particular, her testamentary capacity at the time the changes to her will were made.

[31] Furthermore, three of the potential beneficiaries under WESA have not been included in the proceedings to date. It appears that Ms. Perret has no interest in actively participating in the present proceeding, however the court is not satisfied that any meaningful effort has been invested by any of the parties in tracing and notifying each of Bradley Palmer, Grant Palmer and Dolores Palmer. Their legal interests are at stake in this proceeding and they cannot simply be ignored.

Anyone considering challenging a will or involved in estate litigation is strongly advised to take legal counsel. To speak to a litigation lawyer contact the Kushner Group. Visit http://kushnerlaw.ca/ or call 604-629-0432.

About Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone: 604-629-0432
Fax: 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver family lawyers discuss how courts use notational separation in determining appropriate provisions when a will is challenged

Vancouver, BC -- (ReleaseWire) -- 08/24/2018 -- Family law is a focus at Kushner Law Group. The Wills Estates and Succession Act provides spouses and children with the ability to challenge the will of a deceased spouse or parent if they believe that they have not been adequately provided for. In the case of spouses, one tool that the Courts have used in determining what an appropriate provision would be is making an assessment based on whether the parties had separated during the lifetime of the deceased. This is called using a "notional separation."

For more, go to: http://www.kushnerlaw.ca/using-notional-separation-in-wills-variation-actions/.

The concept of notational separation is succinctly explained by the Honorable Mr. Justice N. Smith in the decision of Ciarniello v. James, 2016 BCSC 1699.

[70] I think the plaintiff is correct that the approach in British Columbia following Tataryn has been to determine the legal obligations to a spouse by considering the spouse's entitlement in a notional separation immediately prior to the testator's death. See for example: Wong v. Soo, 2015 BCSC 1741 (CanLII) at paras. 70, 73-75, 114 115; Saugestad v. Saugestad, 2006 BCSC 1839 (CanLII) (varied but not on this point, 2008 BCCA 38 (CanLII)); Glanville v. Glanville (1998), 1998 CanLII 6031 (BC CA), 58 B.C.L.R. (3d) 240, at paras. 14 and 50; Erlichman v. Erlichman Estate, 2002 BCCA 160 (CanLII) at para. 49; Bridger v. Bridger Estate, 2006 BCCA 230 (CanLII) at para. 19.

[71] In Saugestad, Justice Russell referred to these authorities for the proposition that this notional separation defines the minimum acceptable level of what is adequate, just and equitable. She added at para. 73 that "consistent with the family law decisions that establish the legal obligations of the testator, the length of the relationship and the contribution of the claimant spouse are relevant factors to a determination of what share of the estate a spouse will be entitled to."

[72] As Mackenzie J.A. said in Bridger v. Bridger Estate at para. 20:

[20] Tataryn followed Walker v. McDermott, 1930 CanLII 1 (SCC), [1931] S.C.R. 94, and confirmed the rejection of a purely need-maintenance approach to entitlement under the Act. Moral claims against the estate by spouses and children of the testator are entitled to recognition. McLachlin J. (at para. 28) described moral claims as "found in society's reasonable expectations of what a judicious person would do in the circumstances, by reference to contemporary community standards." Here the court is required to balance the competing moral claims on the estate of Mrs. Bridger and the daughters after the notional legal claim of Mrs. Bridger to a half share of family assets has been recognized. The will recognizes the moral claims of the appellant daughters but ignores any moral claim of Mrs. Bridger. Tataryn recognizes that there is no clear legal standard to judge moral claims and the test is more nebulous where the surviving spouse is not strictly speaking a dependent spouse and the children are all financially independent adults. While, as McLachlin J. observes in Tataryn, there may be a number of options for dividing assets by a testator which are adequate, just and equitable, I do not think they include a disposition that entirely prefers the moral claims of adult independent children to those of a loyal spouse who provided care for the testator over years of debilitating decline. I am satisfied that the trial judge was right to recognize unfulfilled legal and moral obligations of the testator to Mrs. Bridger, as those terms are understood in a wills variation context. The legal obligation can be quantified as above. The question then becomes the measure of the outstanding moral obligation.

[73] The legal entitlement of the spouse immediately before the death of the testator is the relevant time, that is, the time of the notional separation, to determine the extent of the testator's legal duty.

[74] As Dr. Ciarniello died on April 28, 2013, the Family Law Act, S.B.C. 2011, c. 25, should govern the analysis. Given the provision of the Divorce Act and the Family Law Act, I think that the plaintiff at a time just prior to the death of the testator would likely be entitled to an equal division of family property. While I doubt that a family law analysis would have resulted in an order for spousal support, given the condition of the testator at that time, the deceased's legal obligation would be to provide 50% of the family property.

The case was concluded in a subsequent blog in which the Court made the following comments:
[12] In considering whether a will has made adequate provision for a spouse, the court considers what the spouse would have been entitled to in a notional separation immediately prior to the testator's death. That notional separation defines the minimum acceptable level of what is adequate, just and equitable: Ciarniello v. James, 2016 BCSC 1699 (CanLII) at paras. 70 and 71.

[13] The property that forms this estate was acquired by Ms. Boyd about six years before her marriage to the plaintiff, but they lived together there for more than 30 years until her death. In a notional separation, the Family Law Act, S.B.C. 2011, c. 25 would give the plaintiff a claim to half of the amount by which the property's value increased during their relationship. That would likely be more than what he has agreed to accept in the proposed settlement.

Anyone involved in a family law dispute is advised to seek legal counsel. To challenge the will of a deceased person and seek a variation, or if you're involved in estate or family litigation, contact the Kushner Law Group at 604-629-0432 to schedule a consultation.

About Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

A Certificate of Pending Litigation (“CPL”) is a charge on a property that can secure a litigant’s interest in a property, but in some cases the subject property owners can have the charge removed

Vancouver, BC -- (ReleaseWire) -- 07/25/2018 -- As a group of litigation lawyers in Vancouver, the team at Kushner Law typically advises that one of most useful tools litigants have to secure potential proceeds in a successful estate litigation lawsuit is the use of certificates of pending litigation. A Certificate of Pending Litigation ("CPL") is a charge on a property that works to secure a litigant's interest in a property. It stops an owner from either selling or refinancing the subject property. However, in some circumstances, property owners can bring in an application to have the charge removed. For more, go to: http://www.kushnerlaw.ca/cancelling-a-certificate-of-pending-litigation/

The preliminary test that the Courts use to determine whether a CPL should be removed was set out in the British Columbia Court of Appeal decision, Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd., 2014 BCCA 388 (CanLII):

As a preliminary matter the applicant must show that it is experiencing or likely to experience "hardship and inconvenience" as a result of the registration of the CPL. It appears that the degree of hardship required is the subject of disagreement in the Supreme Court of British Columbia.

[28] While some judges have proceeded on the basis that the hardship need not be "significant" (see, e.g., Enigma Investments Corp. v. Henderson Land Holdings (Canada) Ltd. 2007 BCSC 1379 (CanLII), and 0966349 B.C. Ltd. v. Shell Canada Limited, Reasons dated February 28, 2014, New Westminster Docket S151234), others have required "severe suffering" (see, e.g., the lower court decision in Liquor Barn Income Fund v. Mather 2009 BCSC 1092 (CanLII), at para. 7.) The Shorter Oxford Dictionary (6th ed., 2007) defines "hardship" to mean "the quality of being hard to bear" or "severe suffering or privation"; "significant" to mean "important, notable; consequential"; and "insignificant" to mean "of no importance; trivial, trifling" or "meaningless". To the extent that these or other decisions of the trial court suggest that "hardship" in s. 256(1) may be met by proof of hardship that is "insignificant" or "not significant", I would disagree. I doubt that the Legislature intended the threshold under s.256 to be surmounted by proof of hardship that is only "trifling". On the other hand, I agree that a court should not be "exacting" in its analysis of hardship and inconvenience.

If a property under your ownership is subject to a certificate of pending litigation or for advice and counselling on estate litigation, a lawyer can provide the best options for pursuing a course of action. Call 604-629-0432 or contact the Kushner Law Group today to schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/>
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Litigation family lawyers look at the Family Law Act and cohabitation agreements

Vancouver, BC -- (ReleaseWire) -- 07/20/2018 -- The family lawyers at Kushner Law Group handle various types of estate litigation and family law litigation claims on a regular basis. In some ways, these two areas of practice intersect as they often deal with disputes grounded in family dynamics. A legally binding cohabitation agreement can often be a peaceful solution to circumvent long and acrimonious disputes. For more, go to: http://www.kushnerlaw.ca/considering-cohabitation-agreements-vancouver-family-law-lawyers/

Cohabitation agreements are intended for people in relationships who either are or intend to become common-law spouses. The status of common-law spouse applies when you and your partner have lived together in a marriage-like relationship for at least two years. Once you become a common-law spouse, the division of property as set out in the Family Law Act becomes applicable.

Cohabitation agreements are useful for partners who wish to avoid litigation and opt-out of the property division regime as set out in the Family Law Act if the relationship breaks down for any reason.

Today, cohabitation agreements can set out the parameters for the division of current property owned by either party or future property that the couple intends to purchase. Cohabitation agreements can also deal with issues related to support, division of chattels (physical property), and division of bank accounts as well as pension plans.

To learn more about cohabitation agreements and whether they may be a solution for your family, contact the Kushner Law Group today to schedule a consultation.

About The Kushner Law Group
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.

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

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

The Wills Estates and Succession Act (“WESA”) has provided estate litigation lawyers with many new and interesting tools to use when assisting with estate issues.

Vancouver, BC -- (ReleaseWire) -- 06/21/2018 -- Through the Wills Estates and Succession Act ("WESA"), estate litigation lawyers have many new resources at their disposal when assisting their clients with estate issues. One of the more interesting aspects of WESA is section 58, which permits an applicant to seek an Order from the Court curing a deficiency in a will.

For more, go to: http://www.kushnerlaw.ca/curing-deficiencies-in-a-will-part-1/

In other words, it's now possible to have the Court determine whether a written document that does not conform to the requirements of a will should be considered to be binding and representative of testamentary intent.

In the decision of Skopyk Estate, 2017 BCSC 2335, the Honourable Madame Justice Forth was asked to determine whether an unsigned written document from the Deceased was sufficient to represent his intentions to replace or alter a valid will drafted in 1995. In considering whether the document provided sufficient testamentary intent, the Court set out the test in determining an application under s. 58 as follows:

[18] Section 58 of WESA authorizes the court to order that a document that does not comply with the requirements of WESA be fully effective as though it had been made in compliance with those requirements. To make such an order, the court must be satisfied that the document represents the testamentary intentions of the deceased.

[19] The Court of Appeal has interpreted s. 58 to require that the document must be "a deliberate or fixed and final expression of intention" as to the disposal of property upon death: see Hadley Estate (Re), 2017 BCCA 311 at para. 36 [Hadley]. The factors relevant to the determination of whether a document represents such an expression of intention are context specific: Re Lane Estate, 2015 BCSC 2162 at para. 33. Extrinsic evidence of testamentary intent is admissible on the inquiry as to whether a non-compliant document embodies a deceased's intent. This may well include extrinsic evidence of events that occurred before, when and after the document was created: Hadley, at para. 40.

Part two of the blog will discuss Madame Justice Forth's judgment. Anyone with questions on will variation or estate litigation in Vancouver BC is advised to contact the Kushner Law Group at 604-629-0432 or online to schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

The Wills Estates and Succession Act (“WESA”) has provided estate litigation lawyers with many new and interesting tools to use when resolving estate issues.

Vancouver, BC -- (ReleaseWire) -- 06/21/2018 -- In part one of a two-part blog series on the Skopyk Estate, 2017 BCSC 2335, an article posted on the website of the Kushner Law Group discussed an application to the British Columbia Supreme Court to determine if an unsigned handwritten document had sufficient testamentary intent to revoke or alter a 1995 will.

For more, go to: http://www.kushnerlaw.ca/curing-deficiencies-in-wills-with-wesa-part-2/

The Honourable Madame Justice Forth considered s. 58 of WEST before concluding that several relevant details supported the idea that the document, while unsigned and unwitnessed, represented sufficient testamentary intent:

[22] There are several relevant details pertaining to the Document itself that support a finding that it represents such an expression of intention:

The Document was pinned to a bulletin board hanging on the door in the Deceased's apartment where it could be easily found;

The distribution set out in the Document is rational on its face in that the Deceased's sister, Mary Anne, who had been included in the 1995 Will, had since died;

The Document clearly directs a division of the residue of the estate to certain named persons and in certain specific shares, with language that mirrors the language of the 1995 Will;

Although the Document is not signed or witnessed, the word "witness" is written near the bottom;

Although the Document is not dated, there is reference at the top to the Deceased's will dated November 16, 1995. It also purports to correct a typographical error in a specific paragraph of the 1995 Will; and

The handwriting is reasonably similar to handwriting in a letter entered into evidence, which is dated December 10, 1995, and signed by the Deceased. This letter was found in a drawer in the Deceased's apartment next to the 1995 Will.

The Court also considered other evidence, such as that the fact the Deceased had told a beneficiary prior to entering heart surgery that his 1995 will did not reflect his desires.

Anyone with questions on will variation or estate litigation in Vancouver, BC is advised to contact an experienced estate litigation lawyer. To schedule a consultation with Kushner Law Group, call 604-629-0432 or book online.

About Kushner Law Group
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://www.kushnerlaw.ca/ or call 604-629-0432.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://www.kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Vancouver estate lawyers provide insight on three key issues during will-making

Vancouver, BC -- (ReleaseWire) -- 05/31/2018 -- At the Kushner Law Group, many clients request help with the drafting of their wills. A properly drafted and binding will is a gift of certainty to family and loved ones. Of course, the process is reasonably complex, and before approaching an estate lawyer a testator (the person writing the will) should consider three key points.

For more, go to: http://www.kushnerlaw.ca/issues-to-consider-when-making-a-will-in-vancouver/

As a team of Vancouver-based estate lawyers, it's incredibly satisfying to help people consider their planning goals. But before a will is drafted, a testator should be a little introspective.

Before getting anything down on paper, it's important to consider several factors. But the three most important are the executor, the beneficiaries, and item value.

1) Who is going to be the executor?

The executor is the person named in the will who is responsible for carrying out the wishes of the Deceased. Couples will often name each other as executor. However, it's important to consider a backup. In situations where both partners could pass suddenly, it's important to avoid a situation where there is no surviving executor.

2) Who are the beneficiaries?

The beneficiaries are the intended recipients of the estate of the Deceased. It is important to consider also naming backup beneficiaries as there have been cases where a beneficiary pre-deceases the will-maker.

3) Are there any specific items of sentimental or actual value that you want to gift?

Many people have family heirlooms or other treasures which they wish to remain in their family even if they are married. Consider whether there are any specific items that ought to be given to specified beneficiaries—and the best way to get this done.

A little forethought can make the executing of a will simple and straightforward—a consideration that will be appreciated by loved ones who will be undergoing a period of grief. For questions on will variation or estate litigation in Vancouver BC, it's important to contact a knowledgeable professional. Call 604-629-0432 to schedule a consultation with the Kushner Law Group.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm