Richter Trial Lawyers | thegoodfirm are experienced estate litigation lawyers in Vancouver, who commonly deal with 3 areas of will and estate disputes:
The personal representative in charge of an estate (administrator, executor or trustee) must follow the terms of the will/trust, follow British Columbia law and account to the beneficiaries for the money in the estate/trust.
In this process, estate litigation lawyers generally only become involved if there is a significant issue, such as to remove an administrator, executor or trustee, breach of trust, or to act on a formal contested passing of accounts.
The whole will can be challenged, contested or disputed in 3 main ways:
i. The will formalities and the testator, or will-maker, knowing and approving the contents of the will.
ii. The mental capacity or competence of the will-maker.
iii. If someone coerced, defrauded, forced, pressured or unduly influenced the will-maker to make a certain will.
If successful, the result of this type of will challenge, will contest or will dispute is that the whole will is set aside.
In this process, estate litigation lawyers are strongly recommended because this is a difficult, newly changed and technical area of estate law.
If a will does not make “adequate provision for the proper maintenance and support” of a husband, wife or child, the will challenge, will contest or will dispute can be brought to change the will or vary the will to provide what is “adequate, just and equitable in the circumstances” to that person.
This will challenge, will contest or will dispute does not cause the whole will to be set aside, just changed.
This type of challenge, contest or dispute was under the Wills Variation Act, now under the Wills and Estate Succession Act (WESA) since March 31, 2014 in British Columbia.
If you believe you have a legitimate reason to challenge, contest or dispute a will in any of these cases, Start Now by checking out our website devoted to estate law, Vancouver Estate Lawyer or call for your free, one hour consultation. We can help you with a disputed will over accounts, capacity, formalities, disinheritance, undue influence and wills variation.