if you haven’t received your fair share of an estate, Helpforme can get the result you deserve.
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you only have 180 days to challenge a will.
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 will dispute 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. Our multidisciplinary legal expertise and knowledge of the Wills, Estates and Succession Act (formerly the Wills Variation Act) enables us to anticipate potential problems, then strategize and plan accordingly to optimize your outcome.
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. With a strong team of negotiators/estate planning lawyers, Helpforme can help you to reach a fair conclusion.
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. Sensitive and personal situations, along with evidence, require diplomatic and expert handling. In an estate claim, your personal feelings may be involved as you’re dealing with a family member. As a team of expert estate litigation lawyers in Vancouver, Helpforme can not only help resolve your claim, but represent you objectively while keeping the facts and evidence at the forefront.
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.
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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