Estate Disputes

Estate Disputes

Our estate lawyers can help you understand your rights and let you know roughly what to expect in a dispute.

There are three common ways people dispute wills in British Columbia:

1. Incapacity

Did the will-maker understand the nature and consequences of the Will they signed? If not, the will is deemed invalid. Keep in mind that the fact that the will-maker had an illness, like dementia, is not determinative of a finding of incapacity. It’s how bad that illness actually was at the time of signing the Will that matters.

2. Undue Influence

Was the will-maker coerced or manipulated into signing the Will? If so, the will is deemed invalid. Keep in mind that people are generally allowed to influence people to make gifts in a will. It’s when influence becomes manipulation or coercion that there’s a problem.

3. Wills Variation

In BC, spouses and children of a deceased will-maker have the right to ask the court to vary the terms of a will if they don’t feel adequately provided for by that will. Spouses and children (be it adult or minor children) are the only people that have this right. They generally have until 180 days after the grant of probate to initiate the claim.

Our trusted affiliate estate litigation lawyers can help you pursue your dispute after our free consultation.

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