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Whelton Hiutin LLP Successful in Resisting an Order Freezing Proceeds of Sale In Estate Dispute

Whelton Hiutin LLP lawyers Dan McConville and Roshni Khermaj successfully defended an estate executor on a motion to freeze the proceeds of sale of a jointly owned property. The deceased left her entire estate to her daughter, as well as a jointly owned property. The applicant, the deceased’s common law spouse, brought an application for dependent support and a resulting trust over the property. The property was sold before the application was served, and the applicant moved to have the proceeds of sale paid into trust. The court agreed that the applicant’s evidence was inconsistent and omitted critical information. As a result, he did not have a strong enough case to freeze the proceeds, and  the court refused to order the proceeds paid into court. The decision can be found here.