Real estate prices in the Lower Mainland (GVRD) have skyrocketed. Estates, as a result, are often worth more than $1 Million (one million dollars) leading to a rise in estate and trusts disputes. In certain instances, the deceased may not have made a Will. Other times, the will-maker’s estate is not equally divided between his/her/their children. Irrespective of your issue(s), please know that you have rights and we are here to protect those rights. The crux of estate litigation lies in sections 52 and 60 of the Wills, Estates, and Succession Act (“WESA”). Learn more about our services and your rights below:

01 — DISINHERITED

If you have been disinherited - left out of your Parents’ or Spouse’s Will or alternatively, left a minimal of the party’s 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 is a part of the estate, we must, on your behalf, file a Certificate of Pending Litigation as soon as possible.

02 — WILLS VARIATION

If you want to vary a legal Will, under B.C. legislation (aka WESA), there are timelines and limits you must be aware of. Further, a Will may only be varied for a limited number of reasons:

1. Failing to execute a will, legally.

2. Failing to provide adequate, just, and equitable provision for a spouse or child.

3. Lack of the will-maker’s Testamentary Capacity.

4. Lack of the will-maker’s knowledge.

5. Undue Influence.

6. Mistake.

03 — UNDUE INFLUENCE

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 a son/daughter/spouse who was in a position of dominance over the will-maker and the will-maker was in a position of dependence on the son/daughter/spouse, 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. When this is established in 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 back 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.

Suspicious Circumstances & Undue Influence:

(a) Leaving a vulnerable elder, with deteriorating physical health and mental capacity, dependent on one individual.

(b) Executing and/or amending a Will only days before the will-maker’s passing; particularly, when the estate is ultimately left to one (sole) beneficiary.

(c) Transferring ownership of the will-maker’s property to one (sole) beneficiary only days before his/her passing.

04 — NO WILL

In some cases, when a parent or spouse passes, there is no Will. In this circumstance, WESA governs the division of assets and properties. If you are a child, spouse, grandchild, or step-child and you are worried about your inheritance, we can provide you expert legal advice!

05 — OTHER ESTATE MATTERS

We are here for all your estate and trusts litigation needs including, but not limited to:

• if you are an executor and/or beneficiary and another party has brought an action against your parents’ or spouse’s estate;

• if your family member is refusing to disclose the Will;

• if the executor refuses to file for Probate or is abusing his/her powers; and/or

• if there has been transfers of funds - shares - title on bank accounts or real property - or anything else, under suspicious circumstances, please contact us upon discovery. Often, this transfer occurs hours, days, and weeks before the will-maker’s passing.