Estate Litigation

Guiding Your Business Through Legal Challenges

Peak Law Group provide comprehensive legal representation in estate litigation matters. Our experienced team is here to help you navigate the complexities of disputes related to wills, estates, and trusts, ensuring your rights and interests are protected.

Services Offered

Estate litigation can be emotionally taxing and legally complex. We offer a wide range of services to assist clients with estate disputes, including:

• Will Contests: Assistance with challenges to the validity of a will based on issues such as undue influence, lack of capacity, or improper execution.
• Trust Disputes: Handling conflicts related to the administration or interpretation of trusts, including breaches of fiduciary duty by trustees.
• Estate Administration Disputes: Representation for beneficiaries or executors facing disputes during the administration of an estate.
• Variation of Wills: Helping spouses or children who have been unfairly left out of a will or who have not been adequately provided for, as per the Wills, Estates and Succession Act of BC.
• Capacity Issues: Legal support in cases involving disputes about the mental capacity of the testator at the time the will was made.
• Guardianship Disputes: Assisting in cases where there are conflicts about the appointment or conduct of a guardian.

Understanding the Process

Navigating legal disputes can seem overwhelming. For detailed guidance on what to expect throughout the litigation process, view our roadmap of the Supreme Court process:

• Roadmap of a Typical Dispute in the Supreme Court of BC

Book a Free Consultation

Start with a free consultation with our litigation team to discuss your options. Schedule your appointment today.

Frequently Asked Questions

What is estate litigation?

Estate litigation involves legal disputes arising from the administration of a deceased person's estate, including conflicts over wills, trusts, and guardianship.

Why might a will be contested?

A will may be contested for reasons including doubts about the testator’s mental capacity, concerns of undue influence, or issues with how the will was executed.

What are the rights of a disinherited child or spouse?

In BC, the law protects spouses and children from being unfairly omitted or inadequately provided for in a will. They may have grounds to claim a portion of the estate under the Wills, Estates and Succession Act.

What should I do if I suspect a trust is being mismanaged?

If you suspect mismanagement, it is crucial to seek legal advice promptly to understand your rights and options for holding trustees accountable.

How are estate disputes resolved?

Disputes may be resolved through negotiation, mediation, or litigation, depending on the specifics of the case and the parties involved.

What is involved in a guardianship dispute?

Guardianship disputes typically arise when there is disagreement over who should be a guardian or how the guardian is managing their responsibilities.

Can an executor be removed?

Yes, if an executor is not fulfilling their duties effectively or is acting in a manner contrary to the interests of the beneficiaries, they can be removed by a court order.

What happens if someone dies without a will?

If someone dies intestate (without a will), their estate is distributed according to the specific laws of intestacy under the Wills, Estates and Succession Act of BC.

How long does estate litigation take?

The duration of estate litigation varies widely based on the complexity of the dispute and the cooperation of the parties involved.

How can I avoid estate disputes?

Clear drafting of wills and trusts, regular updates to reflect life changes, and open communication with family members are key strategies to minimize disputes.

For further details about our corporate/commercial litigation services or any other inquiries, please contact us. Our team at Peak Law Group is ready to assist you with expert advice and comprehensive legal support.