Wills Litigation

Skillful and Trustworthy Representation for Will Disputes

In British Columbia, the Wills, Estates and Succession Act provides a statutory scheme under which a will can be challenged. (In other jurisdictions, the counterpart remedy is called dependents’ relief.)

Since 1992, McLellan Herbert Locke LLP has provided experienced representation for clients with Wills, Estates and Succession Act cases throughout the Vancouver area, the North Shore, the Lower Mainland, and the Fraser Valley.

Understanding Will Challenges

Under the Wills, Estates and Succession Act, there are different types of challenges that may be brought:

• Disinherited children and spouses: The act allows spouses and children who have not been adequately provided for under a will to seek a court order to vary it.
• Unfair distribution: This term applies to a situation in which one person who shares in the estate, such as a sibling, receives an unfairly large amount of property from the testator in a form that does not pass through the estate, such as a gift.
• Invalidity of the will: If a will-maker does not have testamentary capacity to execute a will or is the subject of undue influence, a will can be challenged and if successful, declared void.
• Improper execution: If the will is not executed properly it may or may not be accepted as a valid will by the Court.
• Interpretation of wills: If the will as written is unclear, a court may be asked to interpret it.

Providing Empathy and Guidance During Proceedings

Will disputes can be complex matters and are certain to be emotionally fraught. They require experienced counsel from lawyers who approach their clients with empathy.