ESTATE LITIGATION IN VANCOUVER AND VICTORIA, BRITISH COLUMBIA
Anthony Eden*, Estate Litigation
Darren Hart, Estate Litigation
Having a loved one pass away can be one of the most stressful and emotional times in your life. When a person dies, various legal issues can arise. We have over 30 years experience in estate and probate litigation, including the following areas:
Challenge or Defence of a Will
We help you understand the grounds for challenge of a will; conversely, we can help you navigate the defense of a will. The death of a close one can be very disconcerting, but our experience can help guide you through any legal issues that emerge.
Variance of a Will
Children and spouses of a deceased individual can seek alterations to an existing will through will variation. Specific factors and stipulations, such as size of the estate and the relationship between parties, can play a role in the legitimacy of the claim. We consider all determinants to build the best case possible.
Resulting or Constructive Trusts
A resulting or constructive trust can ensue from an individual’s claim of unfair division of a deceased person’s will. A complicated type of litigation, we can help you prove any enrichment considerations pertaining to the deceased individual.
Administration Issues, Including Removal of Trustee
In the event of conflict or distrust between a trustee and beneficiaries, the authority to remove the current trustee may be applicable. We can help determine a trustee’s capacity to perform their duties and, if necessary, seek removal.
If you believe a will-maker was influenced by an individual serving their own interests, we can help prove the existence of undue influence. With complex considerations, such as mental capacity of the will-maker, experience with this type of litigation is critical; we can help guide you through the entire process.
Given the ability to make revisions to a will at any age, the mental capacity of the will-maker is often questioned and challenged when an individual feels they didn’t receive fair treatment under the terms of a will. Determining mental capacity can be challenging without the assistance of an experienced estate litigation lawyer.
Power of Attorney Issues
A power of attorney assumes large responsibilities, controlling the finances and property for an individual. As a victim of power of attorney issues, such as abuse of power, we can help you recover your assets and seek the remedies you deserve.
Gift vs. Loan
It can often be difficult to determine whether the transactions of funds between two parties was a gift or a loan. Our experts can analyze the evidence to support your position, giving you the best chance possible of a successful suit.
Some of our success stories include:
Terezakis v. Ekins, 2018 BCSC 249
McCarthy v. McCarthy, 2017 BCSC 1047
Ciarniello v. James, 2015 BCSC 2148
Ciarniello v. James, 2016 BCSC 1699
Sharma v. Sharma Estate, 2016 BCSC 1397
Tomlinson Estate (Re), 2016 BCSC 1223
George v. Doe, 2015 BCSC 442
Korpa v. Co-operators Life Insurance Company, 2014 BCSC 2246