The Trusted Source For Estate Litigation Matters

Estate planning is essential today, but even the best-made estate plans often go astray. When they do, McLellan Herbert, Barristers & Solicitors stands ready to represent claimants throughout the Vancouver area, the North Shore, the Lower Mainland and the Fraser Valley.

Representing Clients In A Wide Range of Estate Disputes

Among the most frequent recurring estate disputes in McLellan Herbert's practice, the following stand out:

  • Claims against fiduciaries: Guardians, executors, trustees, attorneys (in the sense of a person possessing a power of attorney, not the American sense of "lawyer") — all fiduciaries are held to a high standard of trust and confidence and thus are susceptible to lawsuits when things go wrong.
  • Claims of unjust enrichment: More often than one might think, people provide services to a person or estate without being adequately compensated by the estate, which can then be said to be unjustly enriched.
  • Claims relating to joint bank accounts and joint tenants for real property: In 2007, the Supreme Court of Canada clarified the conditions under which a bank account held jointly by a parent and child constitutes a gift to the child and when the child holds the account in trust for the estate. The lawyers can advise on how the law applies to your facts. A court would consider several factors.

Lawyers Dedicated To Servicing Clients' Needs

Hugh S. McLellan, Deidre J. Herbert and J. Jeffrey Locke are Vancouver estate dispute lawyers who bring decades of knowledge and experience, as well as a commitment to personal service, to their representation of clients in will disputes, claims against fiduciaries, actions on jointly held assets and unjust enrichment, and other matters.

Schedule An Appointment — Certain Files Qualify For Contingency Arrangements

Contact the firm online or call 604-901-5186 or 800-449-4858 to set up an initial consultation. Office hours are 8:30 a.m. to 4:30 p.m. by appointment. Hospital and home visits can be arranged.