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Estate Litigation

We know that estate disputes can be highly emotional, uncomfortable, and stressful.

Laws exist to provide protection for beneficiaries and disinherited family members to ensure both fair distribution of an estate, as well as protection from fraud and misconduct by executors and trustees.

Do you need legal representation to challenge a will? Have you been named an executor or a trustee? Perhaps you’re a beneficiary in need of assistance to defend an estate against those seeking a share.

You’ve come to the right place.

  • over 20 years experience in litigation
  • strategic negotiators
  • advise on jurisdictional issues
  • personalized fee structure
  • protect your interests and assets
  • alleviate emotional stress

Estate Litigation Team

Douglas Chiu

Partner See Full Profile »

Krista Simon

Partner See Full Profile »

Raman Dasanjh-Samra

Associate Counsel See Full Profile »

Zoë Marler

Associate See Full Profile »

Mikis Manolis

Counsel See Full Profile »

Elisabeth Sadowski

Associate See Full Profile »
…I recently received a settlement that far exceeded my expectations and I’m ecstatic to be moving forward.
Miranda Grigor, Client
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Wills Variation

Wills variation

In B.C. there are six main grounds for contesting a will:

  • Failure to provide adequate provision for a spouse or child.
  • Lack of knowledge and approval of the will’s contents.
  • Undue influence.
  • Lack of testamentary capacity.
  • Mistake in drafting a will.
  • Invalid execution in signing a will.
Learn More »

Disinherited Children & Spouses

Disinherited children or spouses

Disinheriting a child or spouse in B.C. is allowed under the law. However, that person is still legally required to ensure that their spouse and minor children are provided for satisfactorily. In some cases, they may also have obligations to adult children.

As a child or spouse who’s been disinherited, either partly or wholly, you’re entitled to challenge the terms of a will, and apply to have the will varied by the courts.

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Undue Influence

Undue influence

If a person coerces a will-maker into making a will in a way that favours them or their wishes, then they have exerted undue influence. An example would be a child who convinces a parent to change their will on their deathbed to provide them with a higher percentage of their parent’s estate.

To allege undue influence means that you believe a will doesn’t reflect the testator’s true wishes. Proving this depends on many factors such as: who gave the instructions; how they were given; and who stands to benefit most.

If the primary beneficiary holds Power of Attorney, then this also needs to be taken into consideration. If an undue influence claim is proven, a will may be found to be invalid by the court and the court may vary the will.

Undue influence is a complex area. You need an experienced team of investigators and lawyers on your side to prepare a strong legal case to get the results you want.

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Bringing A Claim

Bringing a claim

Legally, it’s not easy to change someone’s last wishes after they’re gone. However, it is possible because there are laws in B.C. designed to protect disinherited spouses and children from unfair treatment.

As uncomfortable as it may be, there are many valid reasons to seek legal advice if you haven’t inherited what you believe is fair.

  • family estrangement
  • undue influences on your parent
  • sibling benefit inequality
  • step-family issues
  • parental incapacity
  • inheritance disputes stemming from a parent’s divorce or re-marriage
  • elder abuse

Defending A Claim

Defending a claim

If you are the executor or trustee of an estate and someone is bringing a claim against the estate, it is advisable to ensure that the estate has legal representation. Similarly, if you are a beneficiary and someone is challenging the validity of the will, or bringing a claim to vary the will, we can help defend your claim to the estate.

Claims of undue influence of caregivers or testamentary capacity of the will-maker will often require expert evidence from medical doctors. We can ensure these complex matters are handled by the appropriate experts.

Claims Against Trustees

Claims Against Trustees

Trustees have serious responsibilities and must follow the terms of the wills and trusts they are appointed to manage and administer.

If you believe that a trustee is mishandling affairs or if you suspect legal irregularities, contact us right away. Speed will be of the essence to ensure that further damage to asset values is halted and that irregularities are reported to the proper authorities.

Frequently Asked Questions

Who has the legal right to bring forward a wills variation claim or contest the validity of a will?

Wills variation claims pertain to a very narrow group that includes spouses and biological or adopted children.

Contesting the validity of a will pertains to a much wider group. If you have an interest in an estate, call us to see if your situation qualifies.

How long do I have to take action?

Beneficiaries have 180 days from the Grant of Probate, not from the date of death, to file a Wills Variation claim.

The timeframe for contesting the validity of a will depends on the circumstances and time limits will apply. We recommend booking a free consultation to assess your situation.

What kind of assets are involved in estate disputes?

An estate includes all of the property that the deceased owned or had an interest in including bank accounts, real estate holdings, and personal property such as vehicles, jewellery, and art.

Estates can also include shares in companies or businesses that continue to operate.

Timing is everything.

In B.C. there is a strict legal time limit to contest a will - within 180 days from Grant of Probate.

Talk to a lawyer about your case »

News

April 14, 2020

What to do if you’ve been chosen to execute someone’s will

Carrying out your loved ones last wishes is a big responsibility.

Read Full Article »
Estates | Trusts | Wills
February 6, 2020

Does a handwritten note count as a will?

A Vancouver man died with $272,000 in the bank and no will. Legally, it should have gone to his next-of-kin but a note left behind changed everything.

Read Full Article »
Estate Litigation | Estates | Judgments | Trusts | Wills
December 5, 2019

Is the court allowed to alter someone’s will if their family disputes it?

In B.C. there are laws to protect the rights of both the willmaker and their immediate family members from being disinherited.

Read Full Article »
Estates | Judgments | Trusts | Wills

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