Surrey, BC Estate Litigation Lawyers

The grief of losing a loved one cannot be overstated. We first want to offer our condolences if you are viewing this page because of a recent loss. When grief is compounded by legal disputes, it undoubtedly feels like adding insult to injury. However, when you have an experienced team of Surrey, BC estate litigation lawyers to guide you through the legal process, it helps to empower your decision making and allows you to reclaim a modicum of control over the emotional tempest of loss. 

At Lam Legal, we have experience resolving estate disputes and are positioned to offer you unparalleled guidance through any questions or issues you have regarding the estate of your loved one. 

Grounds For Estate Disputes

There are a variety of challenges to an estate that can take place following the death of a family member. A few examples might include:

• Will variations: If your parent or spouse disinherited you or did not provide for you in their will prior to their passing, you are still entitled to their assets under the Wills, Estate and Succession Act. Your attorney can file to change the will so that you are sufficiently provided for. There is a short window for filing these claims, so time is of the essence for engaging one of our estate litigation lawyers.

• Capacity claims: You can challenge a will’s validity based on the claim of diminished capacity. When a person creates a will, they must do so while being of sound mind to ensure they understand the ramifications of their choices. If you believe that your family member formalized their will while in a deficient or altered mental state, you can file a challenge. In these cases, you should know that your claim will be evaluated not only by lawyers, but by medical personnel and psychologists.

• Breach of trust: An executor is in charge of administering the estate of the deceased according to the will. They are tasked with serving the beneficiaries, but if a beneficiary believes that the executor has a conflict of interest or has otherwise failed to fulfill their role, you can file for their removal.

• Undue influence: Related to the requirement that wills be made in a state of sufficient mental capacity, they also cannot be made in response to undue influence, particularly if the testator (the person making the will) is very elderly or ill. If a person is suspected of having manipulated the testator so that the will was created or edited in their favor, a beneficiary can challenge the will on the basis of undue influence.

These are only a few of the types of challenges that can serve as grounds for estate litigation, but this list is by no means comprehensive. Wills are all unique documents with various intentions, so challenges to wills are just as varied. If you have questions about the validity of an established will, it’s best to speak with the team of Surrey, BC estate litigations lawyers at Lam Legal and find out your options.

Defending A Will

If you find yourself in the position of being the executor of the estate, the spouse, or another beneficiary of a person whose will has been challenged, you probably want to defend the integrity of their dying wishes. If you feel that someone is challenging the estate in order to undermine the intentions of your loved one, we will review the will in order to help you rebuke the challenge.

Contact Surrey, BC Estate Litigation Lawyers To Get Started

Lam Legal has over 85 years of combined estate litigation experience and the tenacity to defend your challenge in the courtroom. In order to make this process less stressful and more cost effective for you, we will first attempt mediation and negotiation, but in the event talks break down, we will defend your interests rigorously before a judge. Reach out today to secure a free consultation and learn about how we can help settle your estate litigation issues.