Disinheriting a child or spouse in BC 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.
In BC, a court can vary a Will and re-distribute assets to spouses and children so that they receive a fair share of the estate. However, your claim needs to be filed with the court within 180 days from Grant of Probate.
Given the deadlines and complexities associated with these procedures, legal representation is advantageous and can help give you peace of mind. Hammerberg Lawyers LLP will assist you in navigating the court system, as well as providing the skill, speed and support to prepare the documents and detailed evidence that will need to be presented.
We take a personalized approach to each client’s situation. As for legal fees, we take claims on a contingency basis whenever possible. We’ll support you through every step of your claim.
Estate litigation cases often involve complex legal issues which need to be worked through to establish your legal rights and your options. It’s also not easy to represent yourself when your share of an estate is in question. Sensitive and personal situations, and evidence, require diplomatic and expert handling.