WILLS VARIATION CLAIMS
Under the Law in British Columbia, wills variation laws balance the need for testamentary freedom, in which the owner of a property has the right to dispose of the property as they please, with the specific legal and moral obligations one owes towards immediate family, namely their children and their spouse.
Spouses and children can apply to the court to vary a will after the death of the will-maker. This commonly comes up when the applicant to vary the will is disinherited or left with less than an adequate share of the estate. The application to vary the will must be started within 180 days of the grant of probate, keeping in mind that some other deadlines may be applicable during this entire process.
Successful applications to vary a will can result in a distribution of the estate that is not contemplated in the will itself.
We are experienced in advancing and defending claims to vary wills, and we would be happy to assist.
CONTESTING THE VALIDITY OF A WILL
Unlike wills variation claims, applications to invalidate wills are not restricted to spouses or children of the deceased. When people challenge the validity of a will, it is often on the basis that the deceased did not have the mental capacity to understand the will when it was made, or that the deceased was unduly influenced to make the will in the way he or she made it.
Successful applications to invalidate wills can result in:
the “springing to life” of a previous valid will, or
if there is no previous valid will, the estate being divided amongst the heirs of the deceased according to provisions of the Wills, Estates and Succession Act of BC.
Our experienced legal professionals can help you in prosecuting or defending claims of invalid wills.
OTHER ESTATE LITIGATION CLAIMS
We can also assist in all other aspects of estate litigation, including applications:
to “cure” seemingly deficient wills, for example, wills that may not have been properly signed or witnessed, such that they are deemed valid wills
to “rectify” a will, if the will does not represent the intentions of the deceased, such that the “new” will now represent the intentions of the deceased
to ensure an executor is distributing an estate properly, often referred to as the passing of accounts
to replace or remove an executor from administering an estate if the situation warrants it.
CONTACT ESTATE LITIGATION LAWYERS IN KAMLOOPS
We look forward to working with you to provide practical and cost-effective solutions to your estate litigation and wills and estate needs. Contact us today for more information. Please check out our blogs to learn about our cases.
The following lawyers and our staff would be happy to assist you in matters related to estate litigation: