Guiding Clients Through the Estate Litigation Process

When you lose a close family member, you must consider what to do with the assets they left behind. In the best-case scenario, they left an estate plan with clear guidance on how to divide their property among the family.

However, not everyone’s loved ones leave an estate plan, and even when they do, there could be disputes over it. If this sounds familiar, contact Lam Legal Trial Lawyers for guidance with your legal issues. We’ll review the details of your situation to determine the underlying problem before taking legal action on your behalf.

Are You Considering a Wills Variation?

Wills and trusts are meant to reflect the wishes of the person creating them, but they must adhere to certain laws governing each province. In British Columbia, wills and estates must comply with the Wills, Estate, and Succession Act. This requires the will-maker to ensure their estate plans financially provide for their spouse and children.

So, if your spouse or parent passed away and left you out of the will or distributed the assets in such a way that you cannot support yourself, contact us for help asking for a wills variation. Even if you’re an adult child whose parents might have had valid reasons for not leaving their property to you, you deserve answers. We’ll help you get them through our investigation into your estate dispute. Call us to learn more about the Wills, Estate and Succession Act and request a wills variation.

Do You Have Reason to Doubt the Validity of the Will?

Many estate disputes occur because a family member doesn’t believe the will is valid. They might believe the will-maker lacked testamentary capacity or suffered from undue influence. We recommend you contact our team to discuss why you doubt the will’s validity.

If you don’t think your loved one was of sound mind when writing their will, you’ll need to describe why. Maybe you noticed phrases your loved one didn’t normally use or were shocked at who they left certain assets. Our estate litigation lawyers can help prove these claims with the help of medical professionals.

Similarly, if you think someone had enough undue influence on your loved one to change the will, we’ll investigate whether someone manipulated the will-maker to benefit themselves. It’s important to explore this possibility to ensure the at-fault person can be held liable, so contact us today.

Do You Have Concerns About the Executor of the Estate?

If your family member wrote a will, they likely appointed an executor to administer the estate. This person must ensure all assets are accounted for, and all debts and taxes are paid before distributing the assets.

While the executor is supposed to be someone the will-maker can trust to act in the best interests of the beneficiaries, it doesn’t always work this way. Some executors fail to account for all assets or refuse to distribute the property according to the will. This can result in at least one beneficiary feeling they’ve been treated unfairly or even defrauded.

If you have concerns about the executor’s behavior, contact our Burnaby law office for legal guidance. We can help identify the issue and collect evidence to request the person in this role be removed, so call us to get started.

Why Should You Hire Burnaby Estate Litigation Lawyers?

If you have a beneficial interest in your loved one’s estate and feel you’ve been lied to or treated unfairly, you deserve the chance to challenge the estate through the British Columbia court system. You shouldn’t have to wonder if your loved one’s wishes have been properly carried out according to the wills, trusts, or other legal documents they created.

At Lam Legal Trial Lawyers, we’ve assisted countless clients with estate disputes. If you want to learn how we can help with your estate litigation case, call us at 604-800-0774 for a free initial consultation with trusted lawyers.