If you recently lost your spouse or parent, you have our deepest sympathies. We understand this time is a whirlwind of grief and uncertainty over what comes next. You shouldn’t have to add problems with your loved one’s estate to your plate, but for thousands of people like you, the lack of financial provision by the will-maker for you, the surviving child or spouse, adds even more stress. The British Columbia Wills, Estates and Succession Act (WESA) and case law contains provisions and methods for heirs who have not been adequate, just and equitable provided for; our Coquitlam, BC wills variation lawyer can help you explore your options for taking legal action under this act. Founding attorney Hogan Song has deep ties to the community and is passionate about helping individuals and families resolve estate law matters in British Columbia and throughout Canada. With over 20 years of experience, our attorney understands the law and how to craft a strategic, results-oriented approach to your case. Contact HS Law Corporation, HS Law today for a consultation.
Wills Variation Lawyer Coquitlam, BC
Losing someone close to you presents more than just emotional stress. Often, the deceased is a provider for the family, whether they’re a wage-earner or providing household or childcare support. You may have anticipated a bequest from the deceased’s will, only to realize that you’ve been cut out, lied to, or otherwise not provided for. Now, you’re facing serious legal or financial hardship and unsure if anyone can help you. We can, and you may have more rights in case law, including contract law, that are not stated in WESA. We’ll put our considerable experience to work on your behalf.
If a testator, the person writing the will, does not adequately provide for their surviving spouse or children, then those persons have the right to take legal action. Moral claims on the estate can include anyone who contributed to the deceased during his or her lifetime with a reasonable expectation to share in the estate. Our attorneys review the circumstances and evidence to advise you of your options for filing an action with the Supreme Court of BC to provide you with an equitable, just, and adequate portion of the estate.
A wills variation is your opportunity, as a surviving child (legal or adopted) or spouse (legal or common-law), to make a claim to the BC Supreme Court to vary the will. The court reviews the will and considers the testator’s legal and moral obligations to the child or spouse, the relationship between the plaintiff and the will-maker’s estate, and any promises the deceased made to the claimant before the deceased passed away. The courts also evaluate the level of financial reliance the spouse or child had on the deceased, the individual’s needs and disabilities, and the estate’s size. The value of the estate is the limitation for estate litigation because larger estates with many beneficiaries are more complex than smaller estates with only one plaintiff. All the beneficiaries must agree in writing to determine the adequate, just and equitable division of the deceased’s estate, or apply to the court for orders.
For the courts to override the wishes stated by the deceased in their will, it is not always easy and straightforward, as a lot that goes into building a strong case. Your case must make assertion or provide proof to address why your financial interests supersede the wishes of the deceased as opposed to your siblings or family members, and be based on BC laws. Our role as your legal representative is to ensure that all these are addressed with strong supporting evidence.
Will Variations Are Complex. Our Experience Matters
The outcome of your wills variation action can significantly impact your finances and future. You deserve experienced legal representation, someone who fully understands your needs and the right legal steps to address them. You benefit from working with our Coquitlam wills variation lawyer.
- We give back to our community as an active member of the Government Relations and Economic Development Committee of the Tri-Cities Chamber of Commerce.
- Lengthy education and a focus on wills and estate laws in Canada
Trust the outcome of your will dispute to HS Law Corporation, HS Law. We advocate for your best interests. Learn more about your legal options by contacting us today. Our attorney offers 30-minute consultations by phone or video chat so that you have an opportunity to learn more about our firm and our approach. We understand each case is unique and are proud to deliver personalized solutions for estate law matters. When you hire our team, you can expect outstanding communications, client service, and superior relationship management (with impeccable ethics and integrity). Choose the firm with decades of experience and a passion to succeed on your behalf.
