Estate Litigation Frequently Asked Questions
My father has died and I think that my father’s will was made under the influence of our neighbor. Can I do anything?
You may have a claim to set aside the will. An application to the court is necessary to test its validity. Legal advice is very important before embarking on this course of action.
I cared for my elderly father during his last years. He didn’t have enough money to pay me but always promised he would “leave me something extra” in his Will. His will hasn’t been changed in 20 years. Is there anything that can be done for me now?
In this type of situation there may be a constructive trust in your favour which may entitle you to claim a greater share of your father’s estate. You may also apply for a greater share of his estate by applying to vary the will. We recommend that you speak with us as these situations are fact specific.
My husband passed away and left his entire Estate to our children, including our house which was registered in his name only. I fear I won’t have enough money to see me through my retirement. Can I do anything or am I bound by the terms of his Will?
Under the British Columbia Wills Variation Act you are permitted to make an application to Court to have your husband’s Will varied so that you are adequately provided for. It is important to recognize that from the date of the grant of probate there is a limited period of time in which you are permitted to make such a claim. In this type of situation we recommend that you seek legal advice as soon as possible.
I want to dispute an Estate as I believe I am entitled to a bigger share. However, I do not have a great deal of money and I understand that litigation can be expensive. How are your fees calculated and paid?
In some instances our firm is prepared to act for you on a contingency basis. This means that we are paid a percentage of any amount that is paid to you and not on an hourly basis. There are British Columbia Law Society Rules with respect to representing you on a contingency basis and we would be pleased to discuss these with you. In other instances, we bill you based on the amount of time we spend on your matter and not the monetary result.