Estate Litigation

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

Disinherited Child

Whether you are an adult or a minor, the law says that the deceased shall ensure that their children are not unjustly disinherited and are adequately provided for. We fight for children who have been disinherited, not given their fair share, or excluded from the will/estate by launching wills variation claims.

Disinherited Spouse

We help our client’s secure their fair share from their deceased spouses’ estate, and ensure our client’s are adequately provided for.

Undue Influence

You need strong evidence to prove undue influence. Undue influence means that you believe a will doesn’t reflect the deceased’s true wishes, and that the deceased may have been forced or influenced by someone with their estate decisions. If you are concerned that someone influenced your loved one with their estate decisions it is important that you seek legal advice from an estate lawyer.

Lack of Capacity

If you believe that the deceased person lacked mental capacity to understand their estate decisions, it is important that you seek legal advice from an estate lawyer.

Challenging an Executor/Trustee

The executor/trustee’s legal duty is to act in the best interest of the deceased person’s estate or the beneficiaries of the trust. If there is a conflict of interest, or dishonesty, you may have a legal case against the executor/trustee.

Gather Imporant Evidence

Important evidence includes: copy of the will, deceased’s information, other beneficiaries information, and information about assets of the estate.

Our Fees

Most of our clients retain us on a contingency fee basis. You normally don’t have to pay anything up front, or per hour. We get paid based on a percentage of what we recover for you. This means you will not pay any legal fees to us unless we recover money for you.