If you have been unfairly left out of your family’s will, call us to know your inheritance rights. Contact us for a free consultation.
Vancouver based lawyer Ronald Kumar specializes in estate litigation cases in British Columbia, and understands that dealing with family members when it comes to financial inheritance in wills and estate matters can be emotionally charged and stressful. Our practical and efficient approach with such cases will ensure that you get the best possible outcome, with the least amount of stress. 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 executor’s actions you might have a case.
We are often able to settle wills and estates disputes without having to go to court. However, if it is necessary, we have the trial 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 a 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
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.
We help our client’s secure their fair share from their deceased spouses’ estate, and ensure our client’s are adequately provided for.
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 Important Evidence
Important evidence includes: copy of the will, deceased’s information, other beneficiaries information, and information about assets of the estate.
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.