Estate disputes often revolve around the ownership and value of real property. It is not surprising, then, that preserving the equity of a subject property is a common priority for litigants. Certificates of pending litigation (“CPLs”) and preservation orders are both valuable tools to accomplish that goal. CPLs are notices registered on title to the subject property to deter the sale or encumbrance of that property while the estate dispute is ongoing, whereas preservation orders can preserve the proceeds of sale following its sale. This seminar discusses the strategic benefits of CPLs and preservation orders in estate disputes, and the unique tests and corresponding evidence to secure those protective orders.

Topics

• Certificate of Pending Litigation
• Preservation of Proceeds
• Strategies to preserve estate assets without a court order
  • Service of dependant support applications
  • Objecting to probate applications