Skillful And Trustworthy Representation For Will Disputes
In British Columbia, the Wills, Estates and Succession Act provides a statutory scheme under which a will can be challenged. (In other jurisdictions, the counterpart remedy is called dependents’ relief.)
Since 1992, McLellan Herbert, Barristers & Solicitors has provided experienced representation for clients with Wills, Estates and Succession Act cases throughout the Vancouver area, the North Shore, the Lower Mainland and the Fraser Valley.
Understanding Will Challenges
Under the Wills, Estates and Succession Act, there are different types of challenges that may be brought:
- Disinherited children and spouses: The act allows spouses and children who have not been adequately provided for under a will to seek a court order to vary it.
- Unfair distribution: This term applies to a situation in which one person who shares in the estate, such as a sibling, receives an unfairly large amount of property from the testator in a form that does not pass through the estate, such as a gift.
- Invalidity of the will: if a will-maker does not have testamentary capacity to execute a will or is the subject of undue influence, a will can be challenged and if successful, declared void.
- Improper execution: if the will is not executed properly it may or may not be accepted as a valid will by the Court.
- Interpretation of wills: if the will as written is unclear, a Court may be asked to interpret it.
Providing Empathy And Guidance During Proceedings
Will disputes can be complex matters and are certain to be emotionally fraught. They require experienced counsel from lawyers who approach their clients with empathy.
Consult With Our Lawyers — Certain Cases Qualify For Contingency Arrangements
The Vancouver estate dispute lawyers of McLellan Herbert bring skill, experience and empathy to the task of contesting wills. 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.