What is the effect of freezing the estate of a deceased with respect to a dispute between two parties?
Manitoba, Canada
The following excerpt is from Sheen v. Sheen, 2003 MBCA 93 (CanLII):
17 An argument can be made that the estate remain frozen until all issues between these parties have been resolved. It may already be too late for these parties to avoid the fate of the parties in the fictitious case of Jarndyce v. Jarndyce, but, by freezing the estate assets for the time being, the eventually successful party will have some prospect of recovering a small part of his or their entitlement.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party entitled to party and party costs? (Manitoba, Canada)
In what circumstances will a party be bound by a third party's expectation of receiving something in return? (Manitoba, Canada)
Can an application to suppress the true identity of parties to contemplated litigation be made without notice to the other parties? (Manitoba, Canada)
If a decision is not in favour of both parties, should both parties consider retaining counsel? (Manitoba, Canada)
What is the test for determining whether a party can obtain damages from a party who infringes the same law? (Manitoba, Canada)
Is a party entitled to an accounting from the Financial Reporting Authority (FPA) without a separation of the parties? (Manitoba, Canada)
Is there any case law where an umpire considered information of one party without the knowledge of the other party? (Manitoba, Canada)
Are party and party costs appropriate on Class III on a motion? (Manitoba, Canada)
What is the effect of reading in excerpts of an opposing party’s examination for discovery? (Manitoba, Canada)
What is the effect of a third condition in a real estate transaction? (Manitoba, Canada)
