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Estate Litigation Handbook

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Home > Estate Litigation Handbook

what is estate litigation?

The Wills, Estates and Succession Act is the legislation in British Columbia that determines the validity of wills and estates. This act was brought into force on March 31st, 2014. If your current Will was drafted prior to this date, and in accordance with the old legislation, it may be time to revise your Will to ensure its compliance with the new Act.

Estate litigation
Handbook

Chapters

  • Why you need an Estate Litigation or Estate Planning lawyer?
  • First steps when you’re considering an estates claim
  • What is Estate Litigation?
  • Different types of cases
  • Challenges to the Will
  • Challenge the actions of an Executor or Trustee
  • Defensive Estate Planning techniques
Menu
  • Why you need an Estate Litigation or Estate Planning lawyer?
  • First steps when you’re considering an estates claim
  • What is Estate Litigation?
  • Different types of cases
  • Challenges to the Will
  • Challenge the actions of an Executor or Trustee
  • Defensive Estate Planning techniques
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Things you should know about estate litigation

THERE'S A TIME LIMIT.

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).

ALTERNATIVE DISPUTE RESOLUTION.

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 OFFERS PROTECTION.
Laws exist to provide protection for 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 feel you have not been treated fairly under a Will or are concerned about executor or trustee actions, you may have legal recourse. Helpforme can assess your claim and guide you through the process to a positive resolution and the outcome you deserve.
do you need a lawyer?

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.

Step By Step
  1. What is Estate Litigation?
  2. Different Types of Cases
  3. Why you need an Estate Litigation or estate planning lawyer?
  4. Steps to fight an estate litigation case
By TYPE OF CASE
  1. Challenges to the Will
  2. Challenge the actions of an Executor or Trustee
  3. Defensive estate planning techniques

ESTATE LITIGATION step by step

What is Estate Litigation?

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Different types of cases

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Why you need an Estate Litigation or Estate Planning lawyer?

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Steps to fight an estate litigation case

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ESTATE LITIGATION By TYPE OF Case

Challenges to the Will

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Challenge the actions of an Executor or Trustee

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Defensive estate planning techniques

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estate litigation:
what you need to know

DOWNLOAD FULL CONTENT PDF

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).

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Helpforme

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.

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Helpforme
See all cases of interest

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.

your wellbeing is our priority.
We take a personalized approach to each client’s situation. As for legal fees, we take claims on a contingency basis wherever possible. We’ll support you through every step of your claim.

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