Estate Litigation
establish the validity of your claim. helpforme can guide you.
Schedule a free consultation with Helpforme before you settle.
we’re here for you through the legal and emotional challenges.
When you’re involved in an estate dispute, the emotional factors alone can make it a challenge. Helpforme’s estate lawyers can help you navigate the challenges efficiently. By quickly identifying your options, we can help you reach an optimal outcome within legal deadlines.
As for legal fees, Helpforme takes a personalized approach depending on each client’s situation and where possible, takes claims on a contingency basis. Helpforme’s estate litigation group focuses on assisting people in circumstances that are often too complex to resolve on their own, while keeping their best interests in mind and adding value every step of the way.
Key areas of practice
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Disinherited Children and Spouses
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UNDUE INFLUENCE
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Claims against Trustees
Our expertise covers many areas. Contact us and learn how we can help you get a positive outcome for your claim.
first steps when you're considering an estates claim.
1
Check your timing
Are you within the time limit of 180 days after Grant of Probate? Section 61 of Wills, Estate and Succession Act prohibits any applications to vary a Will 180 days after the Will has gone through probate. If the time limit expires, you will be unable to bring your claim. Other challenges to wills may have a longer limitation period, but it is important to commence your claim promptly to protect your rights.
2
Contact one of our lawyers
3
Gather all your evidence
why you should consult a lawyer about your estate litigation case.
Estate litigation cases are often complex. Issues need to be worked through to establish your rights and your options. Helpforme will lead you through the maze. It’s not easy to represent yourself when your share of an estate is in question. Things can get complicated. Difficult tasks like assessing a loved one’s capacity are best handled by professionals. Sensitive and personal situations, and evidence, require diplomatic and expert handling.
We’ll establish if you have a claim and work with you to understand what’s at stake. In some situations, we work with estate litigation mediators to provide an alternative to the courts. Using options like this can help bring families back together, if desired.
The decisions you’ll be called to make may be hard ones. Our team will support you and enable you to move forward with confidence and peace of mind.
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.
Should I hire an estate litigation lawyer?
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.
Helpforme was created so that the focus from start to finish is on you and your needs.
