At Jiwa Law Corporation you will find an estate litigation lawyer with extensive experience representing beneficiaries, executors, disinherited individuals and other loved ones in estate disputes. Whether you are a loved one looking to voice your concerns or an executor seeking litigation services, our results-driven legal team will advocate on your behalf.
Challenging a will is controlled by the Wills Variation Act in BC.
If you have been disinherited from a will, it means you were completely left out of your loved ones will. A common example would be where a parent leaves a child out of their will, for whatever reason, or no reason at all.
In some cases, a will may be challenged if it does not make adequate provision for proper maintenance and support of a spouse or child. A challenge must be filed with the court within 180 days after probate has been granted. If the court is satisfied that a will is unfair, the court may vary the will to correct the unfairness.
A will may also be challenged if there are concerns surrounding its validity. Concerns regarding whether the will-maker had the testamentary capacity to express their wishes, or whether there was undue influence upon the will-maker may be cause the court to declare all or part of a will to be invalid.
Sometimes, there may be disagreements regarding how a will should be interpreted or executed. In such cases, the Court may be asked to interpret a will or determine whether or not a will was executed properly.
Sometimes, despite the best efforts put into planning, problems arise while an estate is being administered. Executors, trustees, and individuals possessing powers of attorney are held to a high standard and may be liable for damages or loss if problems arise.
We understand the passing of a loved one is a difficult time. Dealing with an unfair will or with disputes between other beneficiaries or executors can only exacerbate the stress. Contact our office for a consultation to see how our team may relieve some of the burden.