British Columbia and Canadian law takes the right of individuals to make independent decisions regarding their estates seriously, with strong legal protections in place to preserve their right to determine their own monetary gifts and transfers, during their lifetimes or after death. However, some people may not make the best decisions for their estate or finances and may be easily influenced by an outside agent. Older people and those with limited mental capacity may be especially vulnerable to undue influence when they are writing their will or power of attorney. If you’re concerned that your recently deceased loved one was unduly influenced or lacked mental capacity, and this negative influence or their lack of mental capacity impacted their estates or your rightful beneficial interests, our Coquitlam, BC, undue influence lawyer can help. Contact HS Law Corporation, HS Law today.
Undue Influence Lawyer Coquitlam, BC
In the context of estate planning and writing a will or power of attorney, undue influence is when a property owner is under external pressure from a third party to make specific decisions about their estate planning or using their assets. Usually, this undue influence is for that third party’s financial gain or to specifically exclude a rightful heir, all at the detriment of the adult with the assets. While it’s common for family members to make specific requests of an estate owner or even attempt to sway the estate owner to make favorable decisions. However, asking for certain bequests is much different from deliberately exerting pressure on or manipulating someone into making changes to their estate plan or will, especially if the testatory or adult lacks mental capacity.
As the child, spouse, or close loved one of the testator or adult, you may feel rightfully frustrated, angry, and betrayed over your loved one’s or their attorney’s actions and wonder what your legal options are. Our Coquitlam undue influence lawyer takes these cases seriously. We believe that taking advantage of someone who is vulnerable or trusting is a heinous action, and we take swift action to address it.
Using an adult’s power of attorney or other authority or trust to gain control of their savings, investments, or estate or to manipulate their estate planning for financial gain may also be considered a crime that should be reported to the police. We pursue all possible legal avenues to protect your family and preserve your assets.
Proving undue influence or lack of mental capacity can be tricky. Our legal team thoroughly investigates the circumstances your loved one was in at the time of their estate planning or financial transaction and builds a strong case demonstrating that they were behaving in a manner inconsistent with their previous independent decision-making, especially if one person benefitted unreasonably. We may be able to negotiate a solution outside of court, but taking the matter before a judge may be the only way we can recoup any losses if financial damages were suffered..
Your Beneficial Interest Is On The Line. Our Experience Matters
The outcome of your undue influence or mental capacity matter rests on the ability of your legal representation. You’re in good hands with Coquitlam’s undue influence lawyers. We’re a local firm with deep roots in the community, and we take our clients’ needs seriously. Our experience and knowledge are reflected in every step we take for your case.
- Firm founder and lead attorney Hogan Song is an active board member of the Tri-Cities Seniors’ Action Society, New View Society, and Seniors Professional Services.
- We’re local, nearby, and understand the preferences of local judges as well as the most effective way to present a case
At HS Law Corporation, HS Law, we seek justice for people affected by undue influence or lack of mental capacity in their loved one’s estate planning. Contact us today to learn about your options.
