If you have been unfairly left out of your family’s will and have questions about your inheritance rights, contact us for a free consultation.
Vancouver based lawyer Ronald Kumar specializes in estate litigation cases in British Columbia. He understands that when it comes to financial inheritance in wills and estate matters, it can be an emotionally charged and stressful process within families. Our practical and efficient approach with such cases will give you the best possible outcome, with the least amount of stress, and we will ensure that your inheritance is fair.
The Law in B.C. protects beneficiaries and disinherited family members to ensure both fair distribution of an estate, as well as protection from fraud and misconduct by executors and trustees. If you have not been treated fairly in a will, or if you are concerned about an executor’s actions, you may have a case.
We are often able to settle wills and estates disputes without having to go to trial. However, in the event that a trial is necessary to resolve the matters at issue, we have the experience to successfully fight your case in court.
Time Frame for Challenge
The Wills, Estates and Succession Act (WESA) is the legislation in British Columbia that determines the validity of wills and estates.
In BC, a court can vary a will and re-distribute assets to spouses and children so that they receive a fair share of the estate. However, your claim needs to be made within 180 days from the Grant of Probate.
Grounds for Challenging Will:
- Failing to adequately provide for a spouse or child
- Unequally dividing the estate among children (giving one child more than the other)
- Undue Influence
- Lack of Capacity
- Mistake in drafting a will
- Invalid execution in signing a will
- Lack of knowledge of the contents in will
- Challenging the Executor/Trustee of the will