Estate litigation happens when there is a dispute over someone’s estate after they pass away. It involves appearing to a court to resolve issues related to a will, trust, or the distribution of assets.
It can be emotionally taxing, upsetting and overwhelming to deal with estate disputes. Even the most comprehensive estate plans could be litigated when disagreements emerge among trustees’ beneficiaries or executors. Because of this, it is strongly advised that you have legal counsel at your side the entire time. CityLaw can help you navigate a range of difficult estate issues that arise throughout British Columbia whether through mediation arbitration or litigation.
The Law of Estate Litigation
Estate is the term used to describe the belongings that a deceased person left behind. A variety of assets including real estate bank accounts automobiles and other personal possessions can be included in an estate. People can draft a will that specifies how they want their property to be divided after they pass away. It may be necessary to use estate litigation to uphold rights or carry out a proper distribution when disagreements emerge regarding the division of an estate. Estate litigation can cover a range of disputes including those regarding:
- Representation agreements
- Probate disputes
There are laws in British Columbia that explain how a person’s estate is divided after they pass away and how estate disputes are handled if any issues come up. The Wills Estates and Succession Act (WESA) is a significant governing law. If a will is thought to represent the deceased persons testamentary intentions WESA permits courts to amend it even if it does not adhere to formal requirements. It also gives children and spouses the ability to contest wills that they believe to be unfair or insufficient. The intestacy provisions of WESA also specify how estates are to be divided in the absence of a will.
Provincial laws will specify the course of estate litigation and resolution when you are dealing with a dispute over an estate. To guarantee that an estate is divided lawfully and appropriately WESA and other laws such as the Patients Property Act must be strictly adhered to. Working with a CityLaw gives you the assurance that all applicable laws and regulations will be followed when handling your estate dispute.