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.
First steps when you’re considering an estates claim:
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.
Contact one of our lawyers
Schedule your free consultation at Helpforme so we can discuss your point of view and assess whether or not you have a valid claim. Call us at 604-235-5300. We’ll review your case and inform you of the best way to proceed.
Gather all your evidence
Be prepared to bring all the evidence you’ve collected to your free consultation so we can help prepare your claim. Types of evidence would include items such as a copy of the Will (if there is one), as well as information relating to the deceased, other beneficiaries and assets of the Estate.
Estate litigation handbook
Read this helpful Estate Litigation Handbook.
Learn everything you need to know about Estate Litigation claims.
Helpforme was created so that the focus from start to finish is on you and your needs.
Here's how our Estate Litigation lawyers can help you.
PUBLICLY REPORTED CASES
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).
In Tataryn v. Tataryn,  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.
In the case of Clucas v. Royal Trust Corporation of Canada, 1999 CanLII 5519 (BCSC), the will-maker acknowledged the potential claim to vary her Will due to the exclusion of her adult child and addressed this in her Will.
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