Burnaby, BC Estate Litigation Lawyers

If you have lost a loved one, you may soon understand (if you do not already) the pain and frustration that go along with the legal process of distributing their assets to their beneficiaries, which may include you or other family members. When people are already dealing with grief and stress, conflict is common in these situations. Perhaps you have an issue with how the estate is being handled, or someone else has brought forth a lawsuit over the contents of the will. 

Whatever the situation, the Burnaby, BC estate litigation lawyers at Lam Legal can help you sort out your estate litigation issues in order to ensure that inheritances are distributed fairly and your rights (as well as your loved one’s legacy) are protected. Reach out to schedule a free consultation and learn how we can help resolve your estate dispute and offer you peace of mind during this time of grief. 

Disputing An Estate

If you have issues with how the estate is being handled, litigation may be the best method for resolving these problems. There are several valid grounds for legally disputing an estate, and they include:

• Will variations: Under the Wills, Estate, and Succession Act, certain family members are entitled to inherit certain assets even if those provisions are not made in the will. If you have been excluded from the will, you might still have a right to claim your inheritance. Lam Legal can file a court application on your behalf to ensure that you receive the possessions you deserve. 

• Capacity claims: An important aspect of creating a will is that the testator–the person creating the will–is of sound mind as they must understand the ramifications of the decisions they are making. If you believe that the testator did not have the capacity to understand the impact of their will, you can challenge it on that basis. In the event that you decide to present this challenge, mental health professionals will have to offer their perspective in order to validate or refute your claim. 

• Breach of trust: If you believe that the executor of the estate is not acting in the best interest of the beneficiaries, you can challenge them to have them removed from the position. Our Burnaby, BC estate litigation lawyers can help you put a more suitable person in place who will be able to properly fulfill the role. 

• Undue influence: Similar to how a will can only be created when the testator has the capacity to understand their decisions, they also cannot be subject to what is known as undue influence. If the testator is elderly or ill, they are at risk of being manipulated by someone who is interested in commandeering the will for themselves. If you believe your loved one’s will has been created or adjusted in order to favor a manipulative individual, we can help you challenge it. 

These are not the only valid types of challenges to an estate, but they are some of the more common ones for which we can represent you. Each will is as unique as the person who creates it, so issues and challenges will be unique as well. When you schedule a free consultation with Lam Legal, we can go over the specifics of your issue and create a plan for litigation.

Defending An Estate

Alternatively, if someone has brought a lawsuit to challenge the estate, we can help you defend the integrity of the will to honor the last wishes of your loved one. If you are dealing with the grief of losing a family member or the stress of your role as executor, you don’t want the extra burden of a litigious person. When you work with Lam Legal, we will take on the work for you. 

Our Burnaby, BC Estate Litigation Lawyers Can Give You An Advantage In Disputes

The lawyers at Lam Legal are trial tested and have over 85 years of combined experience litigating legal issues surrounding estates. Reach out to schedule a free consultation, and we will help guide you through the process of advancing your grievances before the court.