Estate Litigation Lawyers in Vancouver, British Columbia

When someone dies, it’s unfortunate, but not unusual for their family, friends, and business partners to have disagreements that permanently damage relationships.

Dividing up assets and debts can be an emotional and contentious process even with a simple and straightforward will.

Whether there is a well-thought out estate plan in place or no estate plan at all, unresolved emotional issues among family members or business partners may lead people to feel like some unfair advantage has been taken.

Massive transfers of generational wealth are becoming more common in Vancouver, especially with soaring real estate valuations. With so much at stake, estate disputes have been increasing.

Spectrum Family Law’s estate planning and probate lawyers can help with all types of estate disputes, such as contesting wills and estate administration. We also help beneficiaries, executors, and administrators of other clients defend against those claims.

Avoid disputes by creating a will and an estate plan in Vancouver

Anything can happen at any time to change your circumstances. You may die or suddenly become incapacitated. If any of the following apply to you, then you need a will:

• You own real estate or other valuable property (e.g., art, jewelry, collectibles)
• You have financial accounts without named beneficiaries
• You get married, divorced and/or remarried
• You have children
• You have substantial winnings or an inheritance
• You have a chronic illness or serious injury

In addition to a will, you should have other important estate planning documents in place to protect your family and your legacy after you are gone. While an estate plan is no guarantee that there will be no disputes after you die, having a good team of estate planning lawyers can make a big difference in your legacy.

Spectrum Family Law’s team of estate planning and litigation lawyers work with financial professionals to provide a solid plan that considers your specific circumstances and your wishes for your spouse, children, beneficiaries and businesses.

Providing clear instructions in your will and estate plan can avoid confusion among family members. We work to try to make your intentions very clear and encourage clear and open communication among the people closest to you.

Estate planning lawyers help prevent and resolve disputes concerning the validity and administration of wills, trusts and other estate plan documents. They can help prevent elder abuse and misunderstandings by reviewing and modifying the powers of attorney documentation.

An estate lawyer can help executors gather the extensive and complex documentation needed for the probate process and clarify the intentions of the estate planning documents,

Yet, some people always feel that they are entitled to more or they file claims as a way to process their grief. Many of these claims can be heartbreaking. Even the best communication and solid estate plans are subject to litigation.

Experienced estate litigation lawyers can help resolve disputes via negotiation or, when necessary, in court. When you contact the estate litigation lawyers at Spectrum Family Law, we listen to you and advise the best course of action for your unique circumstances.

Common types of estate disputes in BC

When someone you care about dies, expected or not, you are never fully prepared for the aftermath. It’s impossible to predict exactly what will happen, even if there is a will in place. The most common types of estate disputes include:

INHERITANCES UNDER THE BC WILLS, ESTATES, AND SUCCESSION ACT

The BC WILLS AND ESTATE SUCCESSION ACT helps ensure that spouses and children get fair treatment in wills. It also simplifies the process for executors and lawyers to distribute assets from the estate. It provides a schedule of how inheritances should be handled when the person dies without a will or when the terms of the will seem unfair.

CLAIMS OF INCAPACITY OR ELDER ABUSE

The deceased lacked the mental capacity or was under undue influence when the will was made.

GUARDIANSHIPS AND COMMITTEES OF ESTATE

A beneficiary may have a guardian appointed but disagree with the terms of the guardianship.

CLAIMS AGAINST EXECUTORS, ADMINISTRATORS AND TRUSTEES

Beneficiaries, creditors, and heirs may claim executors, trustees and administrators breached their fiduciary duty, or they may claim that the executor is not qualified.

CONTESTED TRUSTS AND WILLS.

Someone can claim that estate documents are not properly signed or witnessed.  It may appear that the documents do not adhere to the rules governing what is a valid will or trust.

WILL VARIATIONS

This is a legal claim by a child or spouse that the will did not provide adequately for child support or spousal support.

These disputes can become very contentious and destroy relationships. At Spectrum Family Law, our lawyers strive to resolve these issues civilly. If a spouse or child feels that the will treats them unfairly, Canadian and BC laws provide ways to challenge a will or transfer of property.

Our goal is to minimize the impact on your relationships, while preserving and defending your rights.

Trends in estate litigation in BC [2022]

Our Vancouver estate litigation lawyers have seen an increasing number of the following types of litigation:

WILL CHALLENGES (VARIATIONS) REQUESTED BECAUSE AN ADULT CHILD REQUESTS ALL CHILDREN TO BE TREATED EQUALLY

Sometimes a parent will skip a generation by providing for their grandchildren and not their child. Sometimes parents will treat children differently based on gender. While there is no legal requirement that each child be treated the same, judges have ruled in favor of disinherited children who have their portion passed on to the grandchildren. These rulings are very dependent on the specific circumstances of the case.

They usually require some type of evidence regarding the intention of the deceased.

DETERMINING WHO IS A SPOUSE OR PARENT

When a couple separates before one spouse dies, even if there is no formal divorce, courts have ruled that the surviving partner has no claim on the estate if the will does not specifically provide for that partner.

In BC, a spouse can ask for a variation in a will if there is no provision for that surviving spouse, but there have been cases where married spouses who have been separated for years would no longer have a claim.

Polyamorous and other non-traditional relationships are becoming more common. Recently, the courts recognized a third legal parent in a polyamorous relationship. The courts have also recognized that a person can have MULTIPLE SPOUSES LIVING IN MULTIPLE HOUSEHOLDS. As the definition of a spouse continues to evolve, these cases are becoming more common.

UNDOCUMENTED TRANSACTIONS AMONG FAMILY MEMBERS CAUSE CONFLICT OR ARE NOT IN ALIGNMENT WITH INTENTIONS IN THE WILL

Property transactions among family members need to be documented. These transactions can impact the valuation of the estate and cause conflict when the will designates the item for someone else.

This includes transactions such as loans, gifts, property transfers, and other undocumented transfers of assets. For example, a parent may provide a down payment for a house for a child.

If it is not documented, it would be difficult to assess if the down payment is a loan that must be paid to the estate or a gift that does not need to be paid to the estate.

ELECTRONIC WILLS ARE HERE TO STAY

During the pandemic, many courts made it easier to file documents electronically. BC law was amended to accept wills that were created on a computer and signed and/or witnessed electronically.

This makes validation via the probate process even more important in cases where there is both a printed copy and an electronic copy of a will, and the content is different. There is increasing litigation to determine which copy is the most valid regardless of whether it is printed or online.

ELDER ABUSE AND UNDUE INFLUENCE CLAIMS

There is a much larger and growing older population that is susceptible to elder abuse and financial predators. Courts have had to evaluate whether caretakers were acting under powers of attorney in the best interest of the elderly relative or taking advantage of their vulnerability.

It’s tough to know if undue influence or another form of abuse was used when creating or updating an elderly person’s will and estate documents.

These are just some of the more recent trends we are seeing in estate litigation. As our society continues to evolve, we can expect other unconventional issues to be litigated by BC courts.

Spectrum Family Law protects your rights in Vancouver estate litigation

When someone close to you dies, people may have unresolved issues or feel unfairly treated. This can be a valid claim or a miscommunication. Whatever the reason, if you are involved in estate litigation, our experienced estate law team can help protect your rights. We can negotiate via mediation or, when appropriate, defend your interests in court.

Contact an estate litigation lawyer at Spectrum Family Law in Vancouver who is ready to listen to your situation and advise you of your options during an initial consultation.

The Legal Review Process by Spectrum Family Law

• Spectrum strives for high-quality, legally verified content.
• Content is meticulously researched and reviewed by our legal writers/proofers (usually local law students).
• Details are sourced from trusted legal sources like the Family Law Act.
• Each article is edited for accuracy, clarity, and relevance.
• If you find any incorrect information or discrepancies in legal facts, we kindly ask that you contact us with a correction to ensure accuracy.