Estate Litigation

Cook Roberts LLP’s estate litigation lawyers can help you negotiate the legal system at a time when you or your relatives are often at your most vulnerable. Our estate litigation lawyers are able to assist you with will rectifications, will variations, and undue influence claims.

We recognize that pursuing estate litigation claims can often be a complicated balance between the principles of what the deceased intended, and the costs to ensure that those intentions are carried out. Cook Roberts LLP estate litigation lawyers are sensitive to that balance and have the knowledge and experience to analyze the risk and reward of possible courses of action in order to give you the advice and information to make the best decisions possible.

Will Rectifications

Cook Roberts LLP estate litigation lawyers can make sure that your loved one’s true intentions are carried out. Often parents or elderly people leave notes and directions that are intended to be considered part of their legally binding will.  In order to make sure that the court recognizes those intentions, Cook Roberts LLP’s estate litigation lawyers can make the necessary application to court to have that last note or direction acknowledged as a valid document.

Will Variations

Sometimes, a family member’s will fails to leave anything to the deceased’s children or spouse or leaves only a modest legacy. In those cases, BC’s Wills Estates and Succession Act permits adult children and spouses to challenge the will and argue that they should be given something or given a larger portion of the estate.

Wills Variation – Executor

As the Executor, you may face one of these claims and it is your duty to defend the choices made by the deceased. Cook Roberts LLP’s estate litigation lawyers can make sure that as you navigate these challenging times, where family history and relationships heavily influence the course of action, you are well informed and strategically well positioned.

Cook Roberts LLP’s estate litigation lawyers have extensive experience in defending the deceased’s intentions and helping to make sure that those intentions are honoured.

Will Variation – Spouse or Child

As a spouse or child of the deceased, you are entitled under BC’s Wills Estates and Succession Act to what is known as “adequate provision.” What is “adequate” in any circumstance requires the expertise Cook Roberts LLP’s estate litigation lawyers can provide.

It is a heartbreaking time to have lost a spouse or parent; learning that your spouse or parent has not left any legacy gift or inheritance or left only a small legacy gift or inheritance can add significantly to your grief.

Cook Roberts LLP’s estate litigation lawyers can work with you to challenge the provision of the will and make sure that you are receiving a legacy gift or inheritance that properly reflects your relationship to the deceased, your role in the deceased’s life, or your current circumstances in light of the deceased’s death.

Undue Influence Claims

Unfortunately, situations arise where those nearest to our aging relatives do not always have those relatives’ best interests at heart. Cook Roberts LLP estate litigation lawyers can help you protect your loved one against undue influence whether before or after their death.

Where you have been unfairly accused of undue influence, Cook Roberts LLP estate litigation lawyers can help you defend such a claim and ensure that the decision, wishes, and direction of that are respected.

Adult Capacity/Adult Protection

Cook Roberts LLP lawyers are can assist you to make sure that your parent, spouse, or other special adult in your life is being well looked after. If you have concerns about their Power of Attorney or their mental capacity, you may need to apply to court to for an order appointing you Committee under BC’s Patient Property Act. Being appointed Committee of the estate and/or person of the vulnerable adult can be the best way to protect them against undue influence or other exploitation.

Committee Applications

As much as one wants one’s parents and loved ones to maintain their independence until death, this is not often the case. When you need to step in to manage your loved one’s affairs or you are worried that a Power of Attorney is not acting in their best interest, a committee order may be required.

Cook Roberts LLP’s estate litigation lawyers are experienced in gathering the medical and contextual evidence needed in order for your committee application to progress efficiently.

If your application is contested, Cook Roberts LLP estate litigation lawyers’ experience will ensure that your application is compelling and that the court has all of the evidence necessary to make a decision in the best interest of your parent, spouse or other special adult in your life.