BC Estate Disputes

Trevor Todd and Judith Milliken Q.C. are senior, Vancouver lawyers experienced and equipped to handle estate disputes or fight a will involving a British Columbia estate. We are BC estate litigation lawyers who act for people anywhere in the world, so long as they have a claim against a B.C. estate. Here are some examples of the most common estate disputes we see:

BC Wills Variation Act

The British Columbia Wills Variation Act permits a disinherited spouse or child of the deceased to seek a variation of a will, if he or she receives inadequate compensation under that will. The BC Wills Variation Act allows the disappointed beneficiary, whether spouse or child to challenge a will and seek redistribution of the estate. The court is entitled to direct a redistribution of a British Columbia estate which is “adequate, just and equitable in the circumstances”.

If you are a disappointed beneficiary who wishes to contest a will, we can provide legal help. Whether you have been completely disinherited or have merely received a life interest or a minimal sum, if you are spouse or child you may claim a variation of a will to seek fair compensation under the BC Wills Variation Act.

We often agree to take Wills Variation cases on a contingency fee basis, meaning no lawyers fees are payable unless and until we recover money on your behalf. i.e. no win-no fee.

Even if you are not eligible to bring a B.C. Wills Variation Act claim, you may have another potential estate claim such as a claim for unjust enrichment or constructive
trust.

Power of Attorney - Breach of Trust

Where the deceased signs a power of attorney to another person, this can sometimes lead to financial abuse especially in a dysfunctional family.

The person holding the power of attorney has special duties imposed by the law. He or she is deemed to be a trustee who owes a fiduciary duty not to use the Power of Attorney for his or her personal benefit.

Where the person holding the power of attorney acts improperly, a breach of trust action may be used to recover assets wrongfully transferred by the attorney to his or
her own use.

Property owned in Joint Tenancy

Joint ownership of property is sometimes used to avoid probate fees however it can easily lead to hotly contested estate disputes after the death of one joint tenant (owner).

For example, a deceased may put the family home or a bank account into joint tenancy with a family member, trusting that person to share the asset after death. This can lead instead to financial abuse with the surviving family member claiming it was an outright gift. A constructive trust claim may be brought to ensure the jointly held property is shared properly among the heirs under the terms of the deceased’s last will.

Lack of Necessary Mental Capacity -- Undue Influence

Elder abuse is, unfortunately, far too common. One form of elder abuse can lead to an unsuspecting testator (person making a will) unwittingly signing legal documents such as a will or property transfer without truly understanding the consequences.

A will may be found to be an invalid will if the Deceased lacked testamentary capacity (the capacity to make a will) or if the Deceased experienced undue influence from another person at the time the will was signed.

An invalid will may be struck down in favour of a previous will, or may result in an intestacy so that the closest heirs inherit.

Time Limits

In all estate disputes it is crucial to move quickly to ensure that your claim is made well before the deceased’s property is distributed and no longer available to satisfy your claim. In many cases, we can help to ensure no estate distribution occurs until your claim is heard.

For a BC Will Variation claim there is a six month time limit. This time limit begins to run after the date probate is issued in a British Columbia estate. Although the time limit is longer for a claim of unjust enrichment or constructive trust, time is of the essence in all contested estates.

Free Legal Advice

Any information provided to this website is confidential and will not be disclosed in any way. This advice is entirely FREE and you will not be billed for legal fees. The more details you can provide about the estate dispute or wills issue, the more helpful our advice can be.

We are familiar B.C. estate law. Please keep in mind that the laws are different in each jurisdiction, so if you have a problem concerning a non- BC estate, you should consult a local lawyer practising where that estate is located.

Links