Estate Litigation

Court Estate Lit

If you have questions regarding legal issues relating to an estate, our Kamloops estate ligation lawyers can help. We act for executors, adminstrators, heirs, beneficiaires and people who have been disinherited and excluded from an estatein Kamloops and across British Columbia. We help these people to find the solution that is best for them, including negotiating and litigating on their behalf.

Even when estates have been carefully planned, disputes can arise. Estate litigation occurs in a variety of circumstances and can include:

  • Wills Variation claims by children and spouses seeking to change or contest a Will to increase the amount of an estate they will receive.
  • Claims that a Will is unfair and unfair disinheritance.
  • Challenges to the validity of a Will on the basis of undue influence or lack of mental capacity.
  • Claims to bring joint assets, which transferred outside of an estate, into the estate and be distributed in accordance with the terms of the Will.
  • Claims for compensation from the estate by individuals or businesses that provided work or services to the deceased person but were not paid for these contributions. 
  • Requests by beneficiaries of an estate to have the court intervene if an executor is not administering an estate properly.
  • Requests by beneficiaries of an estate that the executor provide a financial accounting to be reviewed by the court to ensure that the estate was administered correctly.
  • Applications to the court to approve a Will that was not made correctly.

With many estate disputes there are strict timelines for starting claims and so it is important that you obtain legal advice early. Knowing your options will allow you to make educated decisions and ensure that the estate in question is administered correctly.

We are here to help you. Whether you are a child who has been disinherited and left out of your mother or father’s will, a spouse who has been left less than you feel is fair, or a beneficiary who discovers that many assets have been transferred outside of the estate, we can provide you with your options and help you develop an estate litigation strategy that is right for you.

Recent Judgments

Eckford v. Vanderwood, 2014 BCCA 261

Kish v. Sobchak Estate 2016 BCCA 65

Our estate litigation lawyer is Courtney AuBuchon.