Resolving estate disputes with expert legal advocacy in Victoria, BC.
Cook Roberts LLP’s estate litigation team has the experience and expertise to assist with the full range of estate disputes. These disputes can involve issues including the validity or interpretation of a will, how an estate is administered, or how assets should be distributed. We regularly act for clients in cases involving validity of wills, wills variation claims, and other contested estate matters. We will guide you through the legal process by helping you understand your rights and obligations, explaining the options available to you, and then working with you towards a favourable resolution.
This is a complex area of law that is governed by a combination of legislation and court decisions. Understanding the legal principles and procedural requirements is essential to resolving estate disputes effectively in British Columbia.
In British Columbia, estate litigation is primarily governed by the Wills, Estates and Succession Act (WESA). This legislation sets out the legal framework for making valid wills, administering estates, resolving disputes, and more. Our team is well versed with WESA and other estate legislation, and the latest court decisions that interpret them.
Questions about a will’s validity may arise after the will-maker’s death, when a beneficiary or other interested party makes a challenge to the will as being invalid. Common grounds for a challenge include a failure to meet the legal formalities of a valid will, lack of knowledge or approval of the will’s contents, undue influence, or lack of mental capacity. Invalidity claims can significantly affect everyone involved. Whether you are bringing a challenge or defending a will, we can guide you through the legal and procedural steps.
Questions about a will’s meaning may arise if it is open to multiple interpretations, which can lead to disagreement about how the estate should be administered, and the assets should be distributed. When this happens, the court can assist in clarifying or correcting the will, to capture the deceased’s intentions. We can assist in seeking or responding to court guidance to ensure the estate is administered properly, and in accordance with the deceased’s intentions.
A deceased person may create a document they intended to act as a will, but which does not meet all the formal legal requirements. In some cases, the court can recognize the document as valid if it reflects the deceased’s true intentions. Disputes can arise over this. Our team can guide you through this process, and help ensure that the deceased’s wishes are recognized and carried out as intended.
The issue may arise that a will is challenged on the basis that it does not provide adequately for a spouse or child. The court has the authority to vary the will and redistribute estate assets. These claims often involve balancing the deceased’s wishes with fairness to surviving family members. We represent clients bringing or defending wills variation claims.
Executors have legal duties to manage the estate honestly and in the best interests of the beneficiaries. If an executor fails to meet these responsibilities, the court may remove or replace them. Whether you are seeking to remove an executor, or defending your actions as executor, we can help.
Yes. Executors must keep records and account for their management of estate assets. An executor’s accounts are often approved with beneficiary consent, but sometimes court approval is required. We guide executors and beneficiaries through passing of executor accounts, both in and outside of court.
If someone becomes medically incapable of managing their affairs, the court may appoint a committee to act on their behalf. A committee of the estate manages financial and legal matters, while a committee of the person makes personal and medical decisions. These may be the same person. Although many committeeship applications are straightforward, disputes can arise. We assist clients applying for or opposing committeeship orders.
