Are you looking for an estate litigation lawyer in Coquitlam, BC?
At HS Law Corporation, we are Coquitlam estate litigation lawyers committed to thorough preparation in every matter we handle.
If a relative’s will leaves you with far less than you were told to expect, a Coquitlam, BC estate litigation lawyer can tell you whether a claim exists before you commit to anything. The same is true if you are an executor and a beneficiary has started questioning your decisions.
Hogan Song has litigated business and estate matters for more than 20 years, in British Columbia and elsewhere in Canada. That record covers both sides of contested estates. Get in touch to arrange a consultation.
Estate Litigation Lawyer Coquitlam, BC
Estate litigation is the court process for resolving disagreements about a deceased person’s estate. Most files begin from one of two positions. Someone doubts the will reflects what the deceased actually wanted, or someone believes the estate is being administered badly.
Seventy-two percent of Coquitlam households own the home they live in, according to the City’s housing needs report. Real property is therefore the largest asset in most local estates, and it is usually the thing siblings and spouses argue about. A house cannot be divided the way a bank account can, which is part of why these disputes harden. Add a second marriage or a child who provided years of unpaid care, and the disagreement stops being about arithmetic.
Types of Estate Litigation Cases We Handle in Coquitlam
We act for claimants and for the people defending against claims. Some clients arrive before anything is filed. Others come to us with a notice of civil claim already served.
- Challenging a will. A will can be set aside if the person lacked the mental capacity to make it, or if it was not signed and witnessed properly. Medical records and the drafting lawyer’s file usually decide these cases. We obtain both early, because memories of the signing fade quickly and files get destroyed on a schedule.
- Wills variation. A spouse or child can ask the court to rewrite a will that failed to provide adequately for them. The court weighs legal obligations against moral ones. We assess where a particular family sits on that scale before advising anyone to file.
- Undue influence. Where someone in a position of trust benefited from a late change to a will, the burden can shift onto that person to justify the gift. Bank records, care arrangements and the timing of the change all matter. We build these claims from the paper trail rather than from family accounts alone.
- Beneficiary disputes. Beneficiaries are entitled to information about the estate and to have it distributed properly. When an executor stops communicating, we apply to compel an accounting.
- Trust disputes. Trustees owe duties to the people they hold property for. Claims arise over investment decisions, self-dealing, and refusals to distribute. We act on either side of those arguments.
- Estate administration disputes. Fights over who should administer an estate, what the assets are worth, or whether debts were paid correctly all fall here. These often resolve without a trial once the accounts are produced, because most suspicion of an executor comes from silence rather than misconduct.
- Executor removal. A court can remove a personal representative who is not acting in the estate’s interest, and appoint someone else. The threshold is high, and friction between an executor and a beneficiary rarely clears it on its own.
- Intestate estates. When there is no valid will, a statutory order determines who inherits and who administers. Disputes follow when a spousal relationship is contested, or when relatives disagree about who should apply.
Why Choose HS Law as my Estate Litigation Lawyer in Coquitlam, BC?
We Act for Any Side of an Estate Dispute
We represent claimants, executors, trustees and beneficiaries. Having sat on both sides of these files, we know what the other party’s counsel is likely to do next, and we price the risk accordingly. Hogan Song is a member of the Law Society of BC, and he uses his experience to help clients with estate planning and estate litigation alike.
Preparation Decides Most Estate Cases
Estate disputes are won on documents. Medical charts, the drafting lawyer’s notes, bank statements and property records carry more weight than what anyone remembers being said at a family dinner. We gather that material before positions harden, which is also what makes a realistic settlement possible. Twenty years of trial and advisory work sits behind that approach. It also means we can tell you early whether a file is likely to settle at mediation or go the distance.
What Is Important To Understand About Estate Litigation Cases?
What Is The Estate Litigation Case Timeline?
Contested estates move slowly. A straightforward variation claim can settle in under a year, while a capacity trial takes considerably longer.
- Assessment. We review the will, the grant, and whatever records you already hold.
- Notice and filing. The claim is drafted and served, and the estate is put on notice.
- Document discovery. Both sides produce records. This stage decides most cases.
- Examinations for discovery. Witnesses answer questions under oath before trial.
- Mediation. Most estate files resolve here. When mediation does not work, the matter proceeds toward trial.
What Are Important Aspects of an Estate Litigation Case?
Standing comes first. Not everyone who feels wronged by a will has the right to challenge it. We answer that question before anything else, because the rules on who may dispute a will are narrower than most people assume. A close friend, a former spouse and an adult stepchild are each in a different position, and only some of them can file.
Deadlines come second, and they are short. A claim to vary a will must be started within 180 days of the date the representation grant is issued, under British Columbia’s succession statute, and the personal representative must be served within 30 days after that window closes. People who wait for family discussions to run their course sometimes find the period has expired.
The third factor is the estate itself. Litigation is paid for out of assets that the parties are fighting over, so a modest estate can be consumed by the dispute. We work out what is realistically at stake before recommending a course. Some claims are not worth bringing, and we say so when that is the case.
Claims, Remedies, and What a Court Can Order
British Columbia courts have a wide range of options in estate matters. The remedy depends on what went wrong.
- Setting aside a will. The court declares the document invalid, and an earlier will or the intestacy rules govern instead.
- Varying a will. The court redistributes the estate to make adequate provision for a spouse or child.
- Passing of accounts. The personal representative is required to account for every receipt and payment.
- Removal and replacement. An executor or trustee is discharged and a substitute is appointed.
- Damages and repayment. A trustee who caused loss through a breach of duty can be ordered to restore it.
- Costs orders. In some circumstances the estate bears the legal costs, and in others the losing party does. This is worth understanding before a claim is filed.
What Should You Bring to Your Estate Litigation Consultation?
The more documents you have, the faster we can assess the claim. Bring whatever is in your possession.
- The will, any earlier wills, and any codicils.
- The representation grant, if one has been issued.
- Correspondence with the executor or with other beneficiaries.
- Records showing what the estate contains, including property and account statements.
- Notes on the deceased’s health and living arrangements in their final years.
Consultations are 30 minutes, by phone or video, at no charge. We use that time to test whether a claim is available to you and what pursuing it would involve. Nothing you bring commits you to starting a proceeding.
Coquitlam Estate Litigation Resources
Several public bodies publish material that helps people understand the process before they retain anyone.
- Supreme Court registries. The Supreme Court of British Columbia lists every registry in the province, including the one that handles files from Coquitlam.
- Probate rules. Provincial background on the succession statute and the court rules that govern probate and administration applications.
- After a death, from the Province of British Columbia. Explains how to locate a will, carry it out, and what happens when there is none.
Reach Out to HS Law to Schedule a Consultation
An early conversation costs you nothing and often narrows what is actually in dispute. Contact us to arrange a free 30 minute consultation by phone or video. We’ll look at the documents you have, explain what the other side is likely to argue, and give you a straight assessment of your position.
