Estate Litigation in BC
If you need to contest a will or defend against someone who is doing so, an estate litigation lawyer can help.
When someone passes away, it is hoped that their affairs were in good order and their final wishes are laid out in a properly prepared Will and are clear to all. Unfortunately, there may be some cases where a dispute arises and estate litigation is necessary to resolve disputes. At very least, you may want to talk to an estate litigation lawyer to understand your rights and the relevant laws.
Possible Disputes
There are several reasons why someone might contest a will. When such a dispute arises, it’s time to turn to a will dispute attorney. Some of the more common reasons to challenge a will include:
No Provisions for a Spouse or Dependants
While the person making the will is generally free to leave their estate to whomever they please, BC has laws requiring that the spouse and dependents be provided for adequately. If there are no provisions for their care, the will is likely to be contested.
Lack of Mental Capacity
A will may be challenged if one believes the testator lacked the mental capacity to understand what they were doing. Estate litigation lawyers are often consulted when it is believed that the deceased didn’t know they were writing and signing their will or didn’t understand its terms.
Undue Influence
There may be a concern that there was undue influence on the testator if their will undergoes a sudden and dramatic change, or if it is not in line with their previous intentions. If a will was signed under duress by a family member or another person, the will may not be considered valid.
Interpretation
The maker of the will may have used unclear language, leading to doubts about their true intent. Disputes may arise between trustees and beneficiaries, who may turn to trust dispute lawyers.
Fraud
Wills may be challenged if it is believed that fraud may have taken place. For example, there may be suspicion that signatures were forged, or documents falsified. They may also be challenged if it’s believed that changes were made to the will due to misinformation provided by one of the beneficiaries.
Improper Execution of the Will
Another possible reason to contest a will is if you feel that it was not prepared properly according to the law. It may be that the will was not witnessed or signed properly, in which case, you may be able to challenge it.
Dealing With Disputes In Penticton & The Okanagan
Whether you feel that you need to dispute a will or are trying to oppose a dispute raised by another beneficiary, you will need the expert advice that only estate litigation lawyers can provide. An estate lawyer will represent you as the beneficiary of an estate and work to protect your interests.
Hillside Law is based in Penticton and we regularly deal with Estate Litigation in Penticton, Kelowna, Princeton, and throughout British Columbia.
Estate litigation occurs during a time that is already stressful, so it is important to have proper representation, especially when it involves large sums or significant assets, as with real estate disputes. During this emotionally charged time, you can rest easy knowing that a competent, experienced will dispute attorney can help.
For more information about will disputes and how an estate litigation lawyer can help you, please contact us at Hillside Law. We will be happy to answer your questions and a good conversation should help you understand the issues, law, common law rulings, and where you stand, and whether estate litigation is a good course of action.
