Coquitlam Lawyer: Family Disputes, Dynamics, and Duplicity in Wills & Estates Litigation.
High conflict litigation = high emotions, particularly in Wills & Estates Litigation.
Wills & Estates Litigation, akin to Family Law, is high conflict involving high emotions.
As lawyers, it is important for us to advocate our client’s rights while always remaining objective. Objectivity - not pride, ego, vigor, greed, etc. - is the lawyers’ ‘sun’, whereas emotions are a lawyer’s ‘kryptonite’. Lawyers must balance the costs of litigation, with the merits of their client’s position. This is most true in cases involving family.
Objectivity - not pride, ego, vigor, greed, etc. - is the lawyers’ ‘sun’, whereas emotions are a lawyer’s ‘kryptonite’.
An example where emotions may have seemingly superseded reasonableness is the case of Ghag Estate v Ghag, 2021 BCSC 815. In this case, the defendant was a non-practicing lawyer who had been called to the BC Bar in 2017. His father was in the pharmacy business, and was sadly diagnosed with terminal brain cancer in July 2016; the father passed away in September 2017. The defendant alleged that he helped his father with his business for a decade prior to his death, and that after the diagnosis, he worked with his father in the “restructuring of his assets” by way of an ‘agreement’; it was this agreement that has since become contentious between himself and his other family members, including his mother and siblings, among others. Unfortunately, the father’s untimely passing led to numerous actions involving the defendant and other members of his family.
Some, but not all, of the actions were as follows:
Prior to the deceased’s passing and upon his terminal diagnosis, his brother brought an action to protect his interest in the pharmacy business.
In a supplementary action, the deceased’s spouse, brought an action against the defendant to remove him as trustee of the Family Trust on the basis of breach of trust (the “Trust Litigation”); she was successful in this regard in both the BC Supreme Court and BC Court of Appeal.
Notwithstanding, the defendant still advanced cross-litigation that pertains to the Family Trust and so remains in litigation with the deceased’s spouse (who also happens to be the defendant’s mother). The Court noted, “I understand there may also be other outstanding litigation between [the defendant] and his family members”.
In short, upon the father’s passing, a minimum of three (3) actions were taking place in the Courts.
Along with the actions, were accusations; as the Courts noted, there were issues of deceit and duplicity:
[13] In August 2020, Brendan sent a series of emails to Amrik suggesting that he would be prepared to share information and “ammo” that would lead to success for Amrik in the Amrik Action in exchange for a settlement to Brendan’s benefit. One of these emails tends to suggest that the restructuring of Sukie’s assets prior to Sukie’s death was “a story” Brendan himself “made up to beat the lawsuit you started with my dad” and that Charmaine now believes it is “actually real, which is very frustrating.” Amrik, through his counsel, argues that this, and other communications, suggest some claims of privilege in relation to the defence of the Amrik Action may be vitiated by fraud.
[14] Brendan has also sent emails to Charmaine stating that he is prepared to provide such documents to Amrik, if she does not settle the litigation between them in a favourable manner. Brendan sent a series of such emails in the weeks prior to the ex parte application being made, and attached a Dropbox link where he advised family members that he would begin uploading documents in the absence of a settlement of his litigation with his mother and siblings. On March 5, 2021, he advised his family by way of email that he would be applying to intervene in the Amrik Action the week of March 8, 2021, which I gather he did.
…[19] In fact, the basis for the injunctive relief granted was strengthened by Brendan’s conduct and his application, which advanced arguments that demonstrated a profound lack of understanding of the nature of privilege.
At TRI-CITY LEGAL, we have years of experience in drafting comprehensive Wills and litigating Wills, Estates, & Trusts matters. As such, we can assist you with your claim should issues arise. We, however, pride ourselves in being reasonable and litigating matters in our client’s interests, both financially and personally.
We litigate matters to protect our client’s interests, both financially and personally.
TRI-CITY LEGAL presents options to our clients where, inter alia:
they may pursue as much of the estate as they believe they are entitled to; or alternatively
options that may alleviate any pending, potential, or prospective family issues.
If your Wills & Estate Litigation matter is causing your family grief, please contact so we may help. We typically take on such matters on a contingency. That said, we do NOT sacrifice familial relationship for profits/compensation. TRI-CITY LEGAL is here to help you; to mediate; to negotiate; and go to trial, if necessary. Contact us now: