if you haven’t received your fair share of an estate, Helpforme can get the result you deserve.
Wills Variation
you only have 180 days to contest a will. that’s why expertise and efficiency are powerful advantages.
There are different avenues to consider when contesting and challenging a will. Its validity as a whole can come into question. Sometimes the issue is with certain terms. Before we begin any process, we learn all we can about the factors and people involved. That way we can identify the most efficient and practical approach. From there, we work toward the conclusion you want.
We navigate you through the maze of regulations and time restrictions.
Helpforme’s strength lies in understanding both the laws that protect a will-maker’s right to distribute assets according to their wishes; and the laws that permit a child or spouse of the will-maker to challenge the fairness of that distribution.
The law asserts that although there are no legal obligations for a will-maker to provide for their spouse or adult children, there is a moral obligation to do so if there are sufficient assets. That said, the will-maker’s moral obligation is not carved in stone. A will-maker may have a good reason to disinherit an adult child or to distribute assets to siblings differently, for example, if a particular child has ignored or mistreated the will-maker. In such a case, the Court may find the will-maker was justified in his or her decision and the Will should be upheld. Before ruling to vary a Will, the Court will consider a number of factors in an estate claim, including the size of the estate, whether assets were transferred to a child by the will-maker when he or she was still alive, and the relative financial positions of the successors.
in BC, there are generally 6 main grounds for contesting a will:
1
Failure to provide adequate provision for a spouse or child.
2
Lack of knowledge and approval of the Will’s Contents.
3
Undue influence.
4
Lack of testamentary capacity.
5
Mistake in drafting a Will.
6
Invalid execution in signing a Will.
Each of these six grounds for contesting a Will have specific conditions in which they can be considered valid cause, according to the law. Helpforme’s estate lawyers have experience in court as well as with alternative dispute resolution methods to achieve a fair conclusion for all involved. Helpforme identifies the most efficient and practical approach to get you the ideal outcome.
Time constraints
Due to strict deadlines, Helpforme’s expertise and efficiency are powerful advantages. Claims need to be made within 180 days from the “Grant of Probate.” As well, specific regulations apply for spouses and children that don’t apply to others. If beneficiaries have received assets from sources outside of the estate, it can create even more complexity. Home to a strong team of negotiators and estate planning lawyers, Helpforme can help you to reach the best possible results.
Helpforme was created so that the focus from start to finish is on you and your needs.
