Estate Litigation

RESOLVING Estate, Trust and Capacity Disputes

The loss of a loved one is difficult enough without the added stress of uncertainty, conflict, or litigation. Even where careful planning has taken place, disputes can arise over wills, estates, trusts, powers of attorney, or the management of a person’s affairs.

Our Estate Litigation team assists clients throughout British Columbia with resolving disputes through negotiation, mediation, arbitration, and court proceedings when necessary. We act for executors, administrators, trustees, beneficiaries, spouses, children, and other interested parties.

We Assist With

• Challenges to the validity of a will based on undue influence, lack of testamentary capacity, fraud, or improper execution.
• Challenges to trusts and trust administration.
• Wills variation claims brought by spouses and/or children seeking a fair share of an estate.
• Executor and trustee disputes, including applications to pass accounts, remove or replace fiduciaries, and address allegations of misconduct.
• Disputes involving powers of attorney and allegations of financial abuse or misuse of authority.
• Committeeship applications where a loved one is no longer capable of managing their own affairs.
• Intestacy disputes where a person dies without a valid will.
• Disputes regarding beneficiary designations, jointly held assets, and estate property.
• Claims involving dependants, estate debts, and competing interests in estate assets.

Acting Early Matters

Estate litigation frequently involves strict limitation periods and procedural deadlines. Delaying action can affect your rights and available remedies.

If you are concerned about the validity of a will, the administration of an estate, the conduct of an executor, or your entitlement as a beneficiary or family member, we encourage you to seek legal advice as early as possible.

Our Approach

Estate disputes often involve both legal and family considerations. Our lawyers work to resolve matters efficiently and cost-effectively while recognizing the emotional dynamics that frequently accompany these disputes.

Where appropriate, we pursue negotiated resolutions and mediation. When litigation becomes necessary, we provide experienced advocacy to protect our clients’ interests.

Probate & Estate Administration Resources

Looking for assistance with obtaining probate or administering an estate? Visit our Probate & Estate Administration page here for more information about the process and how we can help.

• What is Probate? A guide for Executors and Families| Download
• What to Bring to your Estate Administration Appointment | Download

Committeeship Applications

We regularly assist families with committeeship applications under BC law where a loved one has lost the capacity to manage their financial or personal affairs.

For more information regarding committeeship applications, including expected costs and timelines, click here: Committeeship Applications: how much does it cost and how long does it take | RDM Lawyers

Fees

We believe in transparency when it comes to legal fees.

Estate litigation matters are typically billed based on the hourly rates of the lawyer(s) involved. Rates vary depending on the experience, skill, and specialization of the lawyer assigned to the matter.

In limited circumstances, contingency fee arrangements may be available.

• More information on hourly billing can be found by clicking here.
• More information on contingency fee agreements can be found by clicking here.