(604) 229-2464

(604) 229-2464

Vancouver’s Estate Litigation And Probate

After a loved one dies, their estate is gathered, and all their property and personal belongings are distributed equally among beneficiaries as specified in their will. Sometimes a beneficiary may feel that the testator has treated them unfairly, they didn’t receive a fair portion of the estate, or the executor administered the estate incorrectly.

To resolve estate disputes, seek professional legal advice from lawyers who understand estate litigation and can work on your behalf to reach a successful, timely, and cost-effective outcome for your unique situation. At Lam Legal, our estate litigators have extensive experience resolving estate disputes. We provide empathetic and objective advice to help you navigate these disputes and achieve an equitable resolution through negotiation, mediation or trial.

 

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Services

Lam Legal offers the following estate litigation services:

Will Variation

British Columbia’s Wills, Estate and Succession Act ensures that children and spouses are taken care of in the event of the death of a parent or spouse. How property is distributed following a death is typically left to the discretion of a testator when they draft their will. However, if your spouse dies without making adequate provisions in the will for you and your children, our experienced lawyers will file a court application to change the will so you receive the assistance you need.

Capacity Claims

If you are a beneficiary, you can contest a will if you feel the testator was not in the right mental state when writing the will.

For someone to be considered mentally sound, they must:

  • understand the nature and impact of the will and the nature and scope of their property
  • be free of any mental disorder or insane delusion that could result in an undesirable disposition

Capacity claims necessitate establishing a lack of testamentary capacity, which is typically done by medical practitioners and psychologists. Our lawyers will thoroughly investigate your case, file all required paperwork, consult relevant experts, and ensure you get what is rightfully yours

Breach of Trust

Executors are responsible for acting in the interests of an estate’s beneficiaries. Because an executor oversees financial decisions for the estate, there may be instances where disagreements arise over how the assets are divided. If you believe the executor has a conflict of interest or fails to act in your best interests, you can file for their removal, and the court will appoint an administrator. In these cases, our lawyers will guide you through gathering evidence and proving your case in probate court.

Claims of Undue Influence

This type of claim arises when a beneficiary believes someone used undue influence to benefit themselves by coercing the testator into making a new will or amending an existing one. If you believe the testator was manipulated into acting differently than they would freely and independently, you can file for estate litigation. Our estate litigation lawyers have successfully resolved many cases involving trusts sabotaged by someone exercising undue influence against the ill or elderly.

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