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. If you feel you have not been treated fairly under a Will or are concerned about executor or trustee actions, you may have legal recourse.
Reasons you may not feel that you have been treated fairly in a Will include: 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; or trustee mishandling of an estate, and more. If you feel wronged, it is in your best interests to consult an Estate Litigation lawyer with considerable litigation and dispute resolution experience. We help you protect what is rightfully yours.
If you have been disinherited or otherwise treated unfairly in a Will in BC, you have 180 days from Grant of Probate to bring an estate dispute claim.
Estate litigation cases are often complex. Issues need to be worked through to establish your rights and your options. It’s not easy to represent yourself when your share of an estate is in question, and Estate disputes can be emotionally challenging. Difficult tasks like assessing a loved one’s capacity are best handled by professionals. Sensitive and personal situations, and evidence, require diplomatic and expert handling.
When an individual becomes incapable of managing their financial and personal affairs, a member of their family, a friend or a loved one may apply to the Court for the appointment as Committee of the Person and/or Committee of the Estate if they wish to make decisions about the individual’s financial and personal decisions. A Committee can be appointed even if there is a Power of Attorney or Representation Agreement already in place. If more than one individual wishes to be appointed Committee, your application may be disputed. If you wish to make an application for Committeeship – whether or not it is disputed – our Estate Litigation lawyers can represent you.
Hammerberg’s estate litigation lawyers can help you navigate the challenges efficiently and guide you through the process to a positive resolution and the outcome you deserve. By quickly identifying your options, we can help you reach an optimal outcome within legal deadlines. We’ll establish if you have a claim and work with you to understand what’s at stake.
We adopt a personalized approach depending on each client’s situation. Whenever possible, we take claims on a contingency basis. Hammerberg’s estate litigation group focuses on assisting people in circumstances that are often too complex to resolve on their own, while keeping their best interests in mind and adding value every step of the way.
In some situations, we work with estate litigation mediators to provide an alternative to the courts. Using options like this can help bring divided families back together, if desired.
Are you within the time limit? The Wills, Estate and Succession Act prohibits any applications to vary a Will 180 days after Grant of Probate. Once the time limit expires, you will be unable to bring a claim. Other challenges to Wills may have a longer limitation period, but it is important to commence your claim promptly to protect your rights.
Schedule your free consultation at Hammerberg Lawyers LLP so we can discuss your point of view and assess whether or not you have a valid claim.
Call us at 604-269-8500 or Toll Free at 1-888-LAW-5544. We’ll review your case and inform you of the best way to proceed.
Your evidence helps us evaluate and prepare your claim. Types of evidence would include: a copy of the Will (if there is one) and information relating to the deceased, other beneficiaries and assets of the estate. Assets include property, cash, bank accounts, stocks, bonds, cars, artwork, jewelry, furniture and other objects of value.