Estate Litigation Lawyer Vancouver, BC
Providing Clients with Legal Support During Estate Disputes
After a loved one dies, the remaining family members must settle the estate, which refers to the deceased person’s home, cars, bank accounts, and other belongings. If there is a valid will or trust in place, the assets will be distributed among the beneficiaries as specified in the estate documents.
However, the estate administration process doesn’t always go smoothly. Sometimes, a beneficiary feels that the will-maker treated them unfairly or the executor administered the deceased’s estate incorrectly. When estate disputes occur, it’s helpful to seek legal advice from lawyers who understand estate litigation and can work hard to reach a cost-effective outcome for each unique situation. At Lam Legal Trial Lawyers, our estate litigators have extensive experience resolving estate disputes across British Columbia. Contact us today at 604-800-0774 for a free consultation with experienced estate litigation lawyers.
Do You Suspect the Executor Mishandled the Deceased Person’s Estate?
If your loved one made an estate plan before they passed away, they likely appointed a trusted person as their executor. This individual is supposed to oversee the estate, ensuring they act in the interests of the beneficiaries until all assets have been distributed according to the will. However, executors can make mistakes or even take advantage of their role as the executor appointed by the estate documents.
If you believe the executor of your loved one’s estate has a conflict of interest or has failed to act in your best interests, you can file for their removal, after which the court will appoint an administrator. In these cases, our estate litigation lawyers will guide you through gathering evidence and proving your case in probate court.
Similarly, if you’re an executor accused of wrongdoing while administering an estate, we can defend you in the court proceedings that may follow. We’ve represented beneficiaries and executors alike in Vancouver estate litigation cases, so contact us if you have questions about this type of legal dispute involving estate law.
What If You Believe the Will Is Unfair?
In some cases, a will-maker fails to provide fair financial resources to their spouse or child, either unfairly distributing the assets or leaving them out of the will entirely. When this occurs, the spouse or child can challenge the will by requesting a will variation.
After all, the Wills, Estate and Succession Act in British Columbia ensures spouses and children have access to the financial assistance they need after losing a spouse or parent. The will-maker cannot neglect to provide proper financial support to family members dependent on them. If this has occurred, the spouse or child can ask our estate litigation lawyers to file for a will variation action on their behalf.
Keep in mind that only the spouse and children of the deceased person can make a will variation claim. While this includes adult children, the Supreme Court judge has the right to consider the possible reasons the will-maker disinherited their adult child. If the reason appears valid, such as if the adult child harmed them or was estranged from them for years, the will variation request could be rejected. Our Vancouver estate litigation lawyers have assisted numerous clients with will variation claims, so contact us if you’re considering pursuing this type of dispute.
Do You Have Concerns About Your Loved One’s Testamentary Capacity?
If the distribution of estate assets seems unfair or out of character for your loved one, you might wonder if they were not in their right mind when they wrote the will. For example, suppose they told you that they intended to leave specific assets to you or other beneficiaries, but their will now states otherwise. In that case, it is possible that they needed to be in the right mental state when they wrote or updated the document. If you’re a beneficiary, you can contest the will based on a lack of testamentary capacity.
Of course, you’ll have to prove your claim, which can be difficult to do without help from medical practitioners and psychologists. You will have to work closely with these professionals to find evidence that your loved one was not of sound mind. This means they did not understand the nature and impact of the will or the nature and scope of their property, as they had a mental disorder or delusion that resulted in an undesirable disposition.
If you have a beneficial interest in the estate and reason to believe the will-maker was not of sound mind, contact our Vancouver estate litigation lawyers for help getting started on your claim. We will thoroughly investigate your case, file all required paperwork with the court, and consult relevant medical experts. Once we have the evidence needed to prove a lack of testamentary capacity, we’ll present our findings to the court to ensure you can get what is rightfully yours.
Do You Believe Someone Had Undue Influence on Your Loved One?
Some estate litigation matters accuse someone of using undue influence to benefit themselves by coercing the testator into making a new will or amending an existing one. If you’re surprised by the distribution of estate assets after your loved one’s death, and you believe the will-maker was manipulated into acting differently than they would have freely and independently, you can file an estate litigation dispute.
Our team is eager to look into your claim of undue influence since it could indicate elder abuse if it turns out someone preyed upon your family member due to their advanced age. After all, some people target elderly or ill individuals, heavily pressuring or persuading them into making a new will or amending an existing one so it benefits them. Essentially, this is an accusation of manipulation not to be taken lightly.
As a result, if someone has accused you of this form of elder abuse, we can defend you against these serious allegations. Over the years, our estate litigation lawyers have successfully resolved many cases involving trusts and wills thought to be sabotaged by someone exercising undue influence against the ill or elderly. If you have questions about elder abuse claims involving legal documents in estate plans, contact us for legal advice.
What Other Estate Litigation Disputes Can Arise in British Columbia?
Estate litigation involves more than will variation claims and allegations of undue influence. Many estate disputes arise from disagreements over property transfers, power of attorney decisions, trust administration, and questions about the deceased person’s intentions before their death. Vancouver estate litigation lawyers regularly assist clients with estate-related disputes involving executors, trustees, family members, and competing beneficiaries.
For example, disputes sometimes arise when a joint tenant claims ownership of property after a person’s death. In some situations, family members believe the property was added into joint tenancy only for convenience rather than as a true gift. A surviving joint tenant may claim full ownership of a home or bank accounts, while others argue the assets should belong to the deceased person’s estate and be distributed according to the valid will. These legal disputes can become especially emotional when significant estate assets are involved.
Trust disputes also commonly appear in Vancouver estate litigation matters. A trustee has legal duties to manage estate property and trust assets in the best interests of the beneficiaries. If beneficiaries believe the trustee failed to act properly, mismanaged funds, delayed distributions, or created conflicts of interest, estate litigation lawyers can investigate the situation and pursue claims relating to breach of trust obligations. Trust litigation may also involve questions about investment decisions, property sales, or accounting records tied to the estate.
Some estate litigation cases involve incapacity disputes connected to power of attorney documents and representation agreements signed before the will maker’s death. Family members may question whether the deceased person’s attorney improperly handled finances, transferred assets, or changed estate planning arrangements while the will maker suffered from mental incapacity or illness. Elder abuse concerns sometimes arise in these disputes, particularly where an elderly individual appears to have been isolated, pressured, or unduly influenced by another person handling their affairs.
Questions involving formal requirements and whether a will is legally valid can also lead to estate litigation. British Columbia law sets specific rules regarding signatures, witnesses, and the probate process. If family members believe the will maker was not mentally competent or failed to understand the nature of the document, they may challenge the validity of the estate plan in Supreme Court proceedings.
An intestate estate can create additional conflict because the deceased’s estate will be distributed according to the Succession Act and other relevant laws rather than personal wishes expressed in a valid will. In these cases, disputes may arise over who should inherit estate property, who should become the executor appointed by the court, and how the estate’s assets should be valued and distributed among beneficiaries.
Wills disputes can also involve claims of unjust enrichment when one family member provided care, financial support, or assistance to the deceased person for years without compensation. A spouse, adult child, or caregiver may seek a fair share of the estate if they believe another person unfairly benefited from their efforts or sacrifices. Such disputes often involve detailed financial records, witness evidence, and questions about the will maker’s moral obligations toward surviving family members.
At Lam Legal Trial Lawyers, our Vancouver estate litigation team assists clients throughout British Columbia, including downtown Vancouver and North Vancouver, with a broad range of estate litigation matters. Our estate litigation services include wills variation claims, trust litigation, attorney disputes, undue influence claims, incapacity disputes, and estate disputes involving executors and beneficiaries. We understand that estate litigation cases often involve grief, family conflict, and highly personal circumstances.
Our litigation lawyers combine in-depth knowledge of estate law, elder law, and wills and estates disputes with practical advice designed to protect our clients’ interests. Whether you need an experienced estate litigation lawyer to challenge a will, defend against claims, resolve disputes involving estate planning documents, or protect estate property and personal belongings, our legal team can help you understand your legal options and pursue an effective outcome.
Why Should You Hire Our Vancouver Estate Litigation Lawyers?
Mourning the death of your loved one is hard enough without also having to deal with estate issues that could affect your family. If you’ve noticed some suspicious circumstances surrounding your family member’s estate, you need a knowledgeable lawyer to initiate a close examination of the details.
Whether you’re unsure if your spouse, parent, or other family member left a valid will or you suspect someone took advantage of their age and state of mind, contact Lam Legal Trial Lawyers for help. We’ve handled a variety of estate litigation cases, from will variation claims to disputes involving the behavior of executors and trustees. You can rely on our team to provide empathetic and objective advice while navigating legal disputes. Call Lam Legal Trial Lawyers today at 604-800-0774 for a free consultation.