Resolving Estate Disputes Through Litigation
Legal issues invariably arise in the wake of a person’s passing. At Edward F. Macaulay Law Corp. of Vancouver, our lawyer aids clients in the determination of their legal rights and responsibilities vis-a-vis an estate or trust.
Potential Estate Litigation Issues
When things do not unfold as expected after an individual dies, beneficiaries and interested people alike may have pressing questions. In particular, there may be issues surrounding:
- Whether the will is valid. When a testator’s expected distribution of assets is not reflected in the will, it may be suspected that the will maker’s mental capacities were not sufficient when the document was produced or that a person exerted inappropriate pressure on the will maker to make certain choices.
- Whether a valid will provides for adequate support for children or a spouse. In British Columbia, children and spouses who are not sufficiently provided for in a will can apply to have the will varied.
- Whether the estate is being properly administered. An estate administrator, also known as an executor, holds a duty towards the estate, including the safeguarding of its assets.
- Whether a trustee is acting appropriately. A trustee holds a duty towards the trust and must not favour one beneficiary over another. Legal actions to remove a trustee are possible in the case of inappropriate trustee activity.
- Whether to change a will due to various claims such as unjust enrichment or joint assets
In all of these scenarios, a lawyer can provide you with information about your legal rights. At our firm, we provide straightforward legal advice to potential clients about the strength of their cases and whether pursuing legal action is a viable and preferred option. We are also realistic about and sensitive to the many other nonfinancial factors that must be weighed before litigating. By providing such comprehensive advice, we work to protect your best interests — whether or not that means deciding to litigate.
Legal Advice On Estate Litigation Issues
Edward F. Macaulay has represented estate litigation clients as part of an established Vancouver law firm as well as from his own downtown practice. For more than 20 years, Macaulay has given clients the professional, objective advice they require.
Consult About Your Estate Litigation Case
Our lawyer advises Vancouver estate dispute clients on their rights and responsibilities. To arrange a meeting with our firm’s counsel, call us at 604-259-2896 locally or toll free at 800-401-4983. You can also contact us online.