Disinheritance most often occurs when one or more child is left a smaller percentage of their parents’ estate than their siblings.

At times of great loss, it is difficult for everyone. Children have lost a parent; grandchildren have lost their elders; and a spouse has lost their lifetime partner. In less frequent cases, parents may have sadly outlived their children.

Upon reading the will-maker’s will, people must deal with significant issues while enduring grief. You are placed in the unfortunate position of having to navigate the deceased’s estate while managing your own emotions. In certain circumstances, you may need to hire an Estates & Trusts Litigation Lawyer to captain your ship and protect your legal rights, while you focus on your mental health and well-being. This article presents three (3) instances where you ought to consider hiring an Estate Litigation Lawyer:

An Estate Litigation Lawyer can captain your ship & protect your legal rights, while you focus on your mental health and well-being.

(1) YOU HAVE BEEN DISINHERITED:

If you have been disinherited - left out of your Parents’ or Spouse’s Will or alternatively, bequeathed a minimal percentage of the estate - you may apply to challenge the terms of a Will. This must be done in a timely fashion and your immediate action is necessary. For example, if a Family Home/Property is a part of the estate, it is important to hire a Lawyer and file a Certificate of Pending Litigation (CPL) as soon as possible. A CPL prevents the Estate from selling the Family Home.

Remember, the Wills, Estates, & Succession Act (WESA), limits the basis why you may apply to vary a will to the following:

The will-maker failing to execute a will, legally.
The will-maker failing to provide adequate, just, and equitable provision for a spouse or child.
Lack of the will-maker’s Testamentary Capacity.
Lack of the will-maker’s knowledge.
Undue Influence.
Mistake.

At TRI-CITY LEGAL, we have over 50 years of collective experience in practicing wills and estates, with a specific record of success in Estates and Trusts Litigation.

We have over 50 years of collective experience in Wills & Estates & a record of success in Estates & Trusts Litigation cases.

(2) THERE IS NO WILL:

In instances where there is no will, WESA governs the division of assets and properties. If you are a child, spouse, grandchild, or stepchild and you are worried about your inheritance, TRI-CITY LEGAL can provide you expert advice about what (funds; gifts; property; etc.) you are entitled to; can protect your inheritance rights; and in some cases, can assist in proving that you are a beneficiary as per the definitions set out in WESA.

(3) SUSPICION OF UNDUE INFLUENCE aka COERCION:

If you believe there has been foul play (or “coercion”):

that your parent or spouse did not have the mental capacity to agree to the terms and conditions of the Will; and/or
that an individual who was in a position of dominance over the will-maker and the will-maker was in a position of dependence on the same individual, coerced the will-maker to leave most, or all, of the Estate to that individual,

then there may be a legal finding of Undue Influence. A frequent example where this occurs is when elder parents are living with one of their children and ultimately, bequeath their entire estate to that one child, thereby disinheriting their other children.

In BC, suspicious circumstances often surround the creation of a will and therefore, end up before the Courts.

When Undue Influence is established in the BC Courts, the Will is held void and of no force or effect; the estate is in turn treated as if there was no Will ever made. The law will then revert to WESA. Undue influence is complex and requires expert lawyers and investigators. It is imperative to determine whether the will-maker, at the time of making the will, genuinely desired to leave his/her estate as written.

Have you been Disinherited aka Left Out of a Will? Learn more about your Legal Rights & Recourse.

Disinheritance most often occurs when one or more child is left a smaller percentage of their parents’ estate than their siblings.

An Estate Litigation Lawyer can captain your ship & protect your legal rights, while you focus on your mental health and well-being.

We have over 50 years of collective experience in Wills & Estates & a record of success in Estates & Trusts Litigation cases.

In BC, suspicious circumstances often surround the creation of a will and therefore, end up before the Courts.

Read more about WILLS, ESTATES, & TRUSTS LITIGATION by viewing our sister website at: www.varyawill.com:

Have you been Disinherited aka Left Out of a Will? Learn more about your Legal Rights & Recourse.

Disinheritance most often occurs when one or more child is left a smaller percentage of their parents’ estate than their siblings.

An Estate Litigation Lawyer can captain your ship & protect your legal rights, while you focus on your mental health and well-being.

We have over 50 years of collective experience in Wills & Estates & a record of success in Estates & Trusts Litigation cases.

In BC, suspicious circumstances often surround the creation of a will and therefore, end up before the Courts.

Read more about WILLS, ESTATES, & TRUSTS LITIGATION by viewing our sister website at: www.varyawill.com:

Coquitlam Wills Lawyer: No Will - Then Who Should Administer One’s Estate?

Coquitlam Lawyer: Host Liability & Nine (9) Factors to help Hosting your Summer Party.