Vernon & Salmon Arm Estate Litigation Lawyers

Estate litigation, a legal process involving disputes related to wills, trusts, and estates, can be a complex and emotionally charged experience. In British Columbia, understanding the intricacies of estate law is crucial for protecting your rights and ensuring a smooth transition of assets.

CM Lawyers provides top-tier representation for clients in various estate-related disputes. Our adept estate litigation lawyers are dedicated to creating robust solutions that protect your rights and fulfill your legal obligations. We use alternative dispute resolution processes to minimize conflict, maintain relationships, and avoid depleting estate assets with costly legal fees whenever possible. Our team is also prepared to vigorously advocate for clients’ interests in court.

Key British Columbia Estate Laws

Estate disputes can be grounded on several issues and are often litigated under two key pieces of B.C. legislation:

• Wills, Estates and Succession Act (WESA): The WESA is a comprehensive piece of legislation that governs the laws of wills, intestacy, and estate administration in British Columbia. It also includes provisions protecting the interests of beneficiaries, particularly dependant family members, minors, and those with disabilities.
• Trustee Act: The Trustee Act provides the framework for the administration of trusts. It outlines the duties, powers, and liability of trustees. It also empowers the court to supervise a trust’s administration and protect beneficiaries’ interests.

Common Grounds for Estate Disputes in B.C.

Several issues can give rise to conflict and litigation relating to wills, estates, and trusts, including those set out below.

Will Challenges & Dependant’s Relief Claims

Will challenges arise when a will’s validity is questioned due to concerns related to the following:

• Lack of testamentary capacity: This occurs when a will is challenged on the grounds that the testator lacked the mental capacity to understand the nature and effect of their actions.
• Undue influence: This arises when a person exerts undue influence over the testator, causing them to make a will that they would not have otherwise made.
• Fraud or forgery: These involve allegations of fraudulent or forged documents used to create or alter a will.

An estate may also be brought before the court by a family member who believes they have not received a fair share of the estate assets (commonly referred to as “dependant’s relief claims”).

Trust Issues

Other common disagreements include trust-related issues, including the administration of a trust, the interpretation of its terms, or the rights of beneficiaries. Some disputes relating to trusts include:

• Breach of trust: This occurs when a trustee fails to act in the beneficiaries’ best interests or violates the trust’s terms.
• Disputed beneficiaries: This involves disputes over who is entitled to receive benefits from the trust.
• Accounting concerns: These arise when there are disagreements over how the trust assets have been managed or distributed.

Executor & Trustee Obligations

Executors and trustees play a pivotal role in estate administration. Executors are responsible for managing the deceased’s estate, paying debts, and distributing assets according to the will’s instructions.

Trustees, on the other hand, manage assets held in trust for the benefit of beneficiaries. When these individuals fail to fulfill their duties, or when there are disputes among them or with beneficiaries, estate litigation may ensue.

Estate Administration Disputes

Numerous issues can come up during the administration of an estate, leading to disagreements and potential litigation, including:

• Executor disputes: These involve disagreements between executors or between executors and beneficiaries over the administration of the estate.
• Distribution disputes: These arise when there are disputes over how the estate assets should be distributed among the beneficiaries.
• Estate tax issues: These involve disputes with the Canada Revenue Agency or the provincial government over the calculation and payment of estate taxes.

Enduring Power of Attorney (POA) Claims

Enduring Powers of Attorney (POA) are legal documents that allow an individual to grant another person authority to make decisions on their behalf. Litigation involving powers of attorney can be complex and may involve:

• Donor capacity: If doubts arise about whether the donor was capable of understanding the implications of granting a POA, challenges may be raised. This can lead to disputes over the validity of the POA itself or specific decisions made under its authority.
• Financial abuse: If a POA holder (the attorney) misuses their authority, beneficiaries or concerned family members may seek legal recourse. This might involve allegations of misappropriation of funds, improper investments, or other forms of financial mismanagement.  
• Family or care provider disputes: Additionally, disputes can occur when there are disagreements between the POA holder and other interested parties, such as family members or care providers. These conflicts can escalate, especially when there are concerns about the donor’s well-being or the management of their assets.  

The Value of an Experienced Estate Litigation Lawyer

Navigating the complexities of estate litigation requires the guidance of a knowledgeable lawyer. At CM Lawyers, our skilled estate litigators provide invaluable support and representation throughout the dispute process. We conduct a thorough legal analysis of your case, identify potential issues, and develop a sound legal strategy.

Whenever possible, we help avoid the time and expense of litigation by resolving conflict through negotiation while always positioning your case for success if it proceeds to court. In the courtroom, we assertively represent your interests and protect your rights.

CM Lawyers: Providing Exceptional Estate Litigation Services in Vernon & Salmon Arm

At CM Lawyers, we understand that navigating complex legal matters, such as estate disputes, can be emotionally draining. Our estate litigation lawyers alleviate the stress and uncertainty associated with these issues by offering clear guidance and strategic advice. Our office and firm culture are designed to be a respite for clients dealing with emotionally taxing situations. Whether you’re facing a will challenge, a trust dispute, or a power of attorney issue, our team is dedicated to protecting your rights and achieving optimal outcomes.

Conveniently located in Vernon and Salmon Arm, CM Lawyers proudly serves clients across the surrounding communities, including Northern Okanagan and Shuswap. To discuss your estate litigation matter, please contact us online or call our Vernon office at (250) 308-0338 or our Salmon Arm office at (250) 803-9171.