Estate disputes can be overwhelming, disruptive, and emotionally challenging. Even the most thorough estate plans may be subject to litigation when disputes arise between executors, beneficiaries, or trustees. For this reason, having legal representation on your side throughout the process is highly recommended. Whether through mediation, arbitration, or litigation, our estate litigation lawyers in Vancouver can guide you through a variety of contentious estate matters arising across British Columbia.
If you are dealing with a dispute over a will or estate, schedule a consultation with our estate litigation lawyers today. You can contact us through our online submission form or email info@watsongoepel.com today to get started.
Estate Litigation Law in British Columbia
The property that is left behind by a deceased person is referred to as their “estate”. An estate can include a variety of assets, such as real estate, bank accounts, vehicles, and other personal belongings. Individuals can create a will that outlines how they would like their estate to be distributed after their passing. When disputes arise over the division of an estate, estate litigation may be necessary to enforce rights or proceed with a proper distribution. Estate litigation can cover a range of disputes, including those regarding:
- Powers of attorney
- Representation agreements
- Trusts
- Valuation of estate assets
- Misappropriation of assets
- Challenges to wills
- Probate disputes
- And more
In British Columbia, there are specific laws and regulations that govern estate distribution and, when they arise, estate disputes. A key governing statute is the Wills, Estates and Succession Act (WESA). WESA allows courts to cure wills that do not meet formal requirements if they are deemed to reflect the deceased person’s testamentary intentions. In addition, it grants spouses and children the right to challenge wills that they deem inadequate or unfair. WESA also contains intestacy provisions, which stipulate how estates are to be distributed when no will exists.
When you are dealing with a dispute over an estate, provincial laws will dictate how estate litigation and resolution will proceed. WESA, along with other statutes like the Patients Property Act, must be followed closely to ensure that an estate is distributed legally and correctly. By working with a Vancouver estate litigation lawyer, you can feel confident that your estate dispute will be handled in accordance with all relevant laws and regulations.
Estate Disputes Our Vancouver Estate Litigation Lawyers Handle
Disputes over estates are common and can occur over many different aspects of an estate. At Watson Goepel, our estate litigation team has handled a wide variety of estate litigation cases since the firm’s inception. Whether you need to contest the contents of a will or seek to be appointed administrator in an intestacy situation where no will exists, we are here to help.
Our estate litigation services include:
Challenges to the Validity of Wills
You may wish to challenge a will when you feel that it is not legally valid. In British Columbia, there are several legal grounds by which an individual may challenge a will. These include:
- Formal Validity Issues: If a will was not witnessed or signed properly upon its creation, it may be considered invalid and therefore disputable.
- Testamentary Capacity Disputes: You may have grounds to call into question whether a will-maker was mentally competent at the time of the will creation. If it is found that they were not, the contents of the will may be deemed invalid.
- Undue Influence: Undue influence claims can be brought if you believe the will-maker was pressured to make their will or include certain provisions that they would not have otherwise.
- Fraud or Forgery: If there is evidence to suggest that the will was not legitimately created or signed by the deceased, its validity may be challenged.
At Watson Goepel, our estate litigation lawyers can evaluate whether you have legal grounds to challenge the validity of a will. In the case that you do, we can help you assemble evidence and make an appropriate claim according to provincial regulations.
Wills Variation Claims
Under WESA, spouses and children of the deceased are entitled to challenge a will when they feel that it does not provide adequate support. This is referred to as a will variation claim and is commonly handled by our Vancouver estate litigation lawyers.
It is important to note that only surviving spouses and children of a will-maker are eligible to make this claim (including legally recognized common law spouses or adult children). Will variation claims often arise when a child or spouse feel they were left an unfair or unequal inheritance by the will-maker.
A variation claim will normally be decided upon by the courts, who will take into account both the legal and moral obligations of the deceased.
Executor & Trustee Disputes
Executors and trustees are individuals appointed by a deceased person in their will to manage their estate after their passing. Disputes often arise when executors or trustees fail to fulfill their fiduciary duties when it comes to the distribution of the estate. Common issues include:
- Mismanagement of estate assets
- Breach of trust
- Failure to follow the will’s terms
- Applications to remove or substitute an executor or trustee
- And more
At Watson Goepel, our estate litigation team can help you address and resolve disputes over executors and trustees. We have experience removing or replacing executors who fail to fulfill their legal duties, handling disputes over trustee misconduct, and more.
Joint Tenancy & Asset Transfer Disputes
Sometimes, children, spouses, or other individuals are appointed as joint holders or tenants of property left behind by the deceased in their will (such as bank accounts, life insurance policies, or real estate). As a joint tenant, they may try to claim the money or property through the right of survivorship in order to avoid probate fees or estate taxes. Disputes often arise over whether a jointly held asset was meant as a gift or should belong to the estate for distribution.
At Watson Goepel, we help clients challenge unfair asset transfers when the deceased was unduly influenced or did not intend for the recipient to keep the full benefit of the asset.
Power of Attorney & Incapacity Disputes
Many estate litigation cases in Vancouver and British Columbia involve disputes over the misuse of power of attorney. A power of attorney is often appointed by a will-maker and is given authority to manage money, property, or personal affairs on their behalf while the will-maker is alive. A power of attorney can perform their duties before the passing of the will-maker.
Because attorneys have significant power and responsibility when they are appointed, it is not uncommon for disputes to arise. Conflict might occur when there is suspicion of:
- Breach of fiduciary duty
- Fraud
- Passing of accounts
- Theft
- Elder abuse
- Challenges to the validity of a power of attorney
- Undue influence
- And more
In cases where individuals wish to dispute the authority of a power of attorney, it is recommended that they work with an experienced estate litigation lawyer to proceed. Our legal team can also help individuals submit committeeship applications, which appoint decision-makers for mentally incapable persons who do not have a power of attorney or representation agreement in place.
Intestacy Disputes
In British Columbia, WESA stipulates how an individual’s estate is to be distributed when they pass away without a will. This is referred to as intestacy and allows the provincial government to decide upon the division of property and assets within an estate.
Disputes can arise regarding the administration of an intestate estate. Disputing intestacy often leads to litigation. Our estate litigation team in Vancouver can represent you or your family when it comes to resolving issues where there is no will.
While those disputes listed above are some of the most common matters we handle for our clients, our estate litigation lawyers have extensive experience in all areas of wills, estates, and trusts law. At Watson Goepel, we can also assist with:
- Probate litigation
- Common law spouse claims
- Lost wills
- Estate asset recovery
- Resulting trust claims
- Unjust enrichment claims
- Will interpretation
- Executor liability
- Disinheritance
- And more
Why Work with Watson Goepel?
Our team of Vancouver-based estate litigation lawyers has the experience and knowledge to assist you in the resolution of your dispute in the most efficient and cost-effective manner possible. We recognize the complex sensitivities of family disputes, which is why we aim to work collaboratively alongside our clients to identify solutions.
When you work with our estate litigation lawyers, you receive:
Decades of Experience: Our estate litigation team has years of combined experience handling complex estate litigation matters. Whether you are contesting the validity of a will or challenging an executor, we can identify your legal rights and options efficiently.
Holistic Approach: At Watson Goepel, our multi-practice firm has experience handling all aspects of wills and estates law, including estate planning, probate, trusts, wills, and more. We bring our combined knowledge to your case to create comprehensive solutions during disputes and litigation.
Litigation & Alternative Dispute Resolution Services: When it comes to resolving estate disputes, there are a variety of avenues you can choose to take. Not only can our estate litigation team offer representation in court, but also mediation and arbitration services to clients as cost-effective solutions.
Call our Estate Litigation Lawyers in Vancouver Today to Schedule Your Consultation
At Watson Goepel, we understand the deeply sensitive nature of estate disputes. That’s why we’re committed to minimizing the stress and financial burdens that our clients face when they hire us for legal services. No matter what type of estate litigation matter you’re dealing with, we are ready to assist.
To discuss your situation, schedule a consultation with our Vancouver estate litigation lawyers today. By seeking early legal intervention, you can help prevent costly litigation fees and protect your inheritance rights. You can fill out our online contact form or email info@watsongoepel.com to connect with a member of our legal team.
