When a person dies and the deceased’s heirs or beneficiaries disagree on what should be done with the estate, litigation is sometimes required. Some of the more common aspects of estate litigation are summarized below. You can count on Cates Ford Soll & Epp LLP to help you with this issue with our team of experienced estate litigation in Kamloops.
Under the Law in British Columbia, wills variation claims provide for the need of testamentary freedom, in which the owner of a property has the right to dispose of the property as they please, with specific legal and moral obligations 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.
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:
Our experienced legal professionals can help you in prosecuting or defending claims of invalid wills.
We can also assist in all other aspects of estate litigation, including applications:
We look forward to working with you to find practical and cost-effective solutions to your estate litigation and wills and estate needs. Contact us today for more information. Appointments are available.
The following lawyers would be happy to assist you in the matters related to estate litigation: