Estate Litigation Handbook
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what is estate litigation?
Things you should know about estate litigation
In most estate litigation cases, there’s limited time to contest the will, which means you may not be able to bring an action if you don’t do it within that specific time frame. Depending on the facts of your case, your lawyer will not only develop a strategy but also advise you regarding when you should file the suit. This is why it’s important to consult with a lawyer as soon as you become aware of the contents of the Will or of potential issues with the handling of the estate by its executor(s).
While going to trial is always an option, it is not always necessary or desirable. Helpforme’s lawyers will endeavor to find solutions that work for all parties which preserve your claim and entitlement while avoiding the time and stress that can be involved if a trial is necessary.
The law is specific and complex. You'll need a lawyer by your side.
Should I hire an estate litigation lawyer?
Helpforme lawyers listen to your story and interpret the events in legal terms. They will advise you on the validity of your claim and develop a strategic approach to help you get the best possible outcome.
Helpforme takes clients on a contingency basis, so you don’t pay legal fees unless your claim is successfully resolved.
what's covered in this handbook?
In this handbook, we cover the basics of estate litigation to equip you with the necessary knowledge. From “what is estate litigation” to “steps for fighting a case”, we’ve got you covered. This handbook provides all the information you need to understand the process.
- What is Estate Litigation?
- Different Types of Cases
- Why you need an Estate Litigation or estate planning lawyer?
- Steps to fight an estate litigation case
- Challenges to the Will
- Challenge the actions of an Executor or Trustee
- Defensive estate planning techniques
ESTATE LITIGATION step by step
What is Estate Litigation?
Different types of cases
Why you need an Estate Litigation or Estate Planning lawyer?
Steps to fight an estate litigation case
ESTATE LITIGATION By TYPE OF Case
Challenges to the Will
Challenge the actions of an Executor or Trustee
Defensive estate planning techniques
estate litigation:
what you need to know
Publicly reported cases of interest.
CASE STUDIES
Can post-death taxes be considered in will variation claims?
In Ciarniello v. Ciariello Estate, 2016 BCSC 1699, the will-maker and his wife lived together for 39 years. He had five adult children (including three from a previous marriage).
Do legal obligations to a spouse compare to moral obligations to a child?
In Tataryn v. Tataryn, [1994] 2 SCR 807, the will-maker had 2 adult independent children (J and E) and a spouse. The will-maker disliked their son J due to his religious convictions.
A legal team with experience can help you.
Personal Injury Claims
Helpforme does more than just champion your rights, we work towards getting the best possible results. We deal with insurance companies, cut through red tape, secure income replacement and disability benefits, and arrange for the medical care and therapy you need to heal. Our goal is to help you focus on your recovery, while we work hard to ensure the best possible outcome for your future.
Insurance Denials
Your policy was intended to give you peace of mind, so when the insurance company fails to keep up their end of the bargain, it can be stressful. Helpforme will protect your rights and convince your insurer to put you first. We will support you to overcome any obstacles that come your way.
ESTATE LITIGATION
Disputes over Wills, Estates and Trusts are delicate matters, often occurring at an already emotional time in your life. Helpforme can support you through the process with both skill and sensitivity. We’ll be by your side, while expertly navigating you through your matter.
Product Liability
When you buy products, you assume they’re safe. If you suffer due to a defective product or an inadequate warning on a label, Helpforme will work to establish who is at legal fault. We’ll handle the process to get you the resolution you deserve and will partner with you to hold those at fault accountable.