Expert Wills and Estates Lawyers in Victoria BC

The death of a loved one is painful, and unfortunately often leads to conflict. Our firm can guide you through the legal issues that arise during this challenging time so you can focus on the more important aspects of losing someone.

Whether you have been unfairly treated in a will and wish to challenge it under the Wills, Estates and Succession Act, or you are an administrator facing a claim from a dissatisfied family member, our experienced team can help. We can often resolve these issues in a cost-effective, out of court manner that satisfies all parties and preserves relationships – however we will not hesitate to protect your rights at trial, if necessary. Our experienced BC estate lawyers are here to help you in your time of need, contact our office in Victoria for help handling all aspects of wills and estates litigation. Acheson Sweeney Foley Sahota has an established record of success as estate litigation lawyers in BC going back more than 35 years.

What Our Expert Estate Litigation Lawyers Can Help With

Challenging or defending a will
Undue influence/incapacity claims
Estate claims
Contested probate applications
Will administrator disputes
Power of attorney/committee disputes
Trust disputes

Challenging or Defending a Will in British Columbia

In certain circumstances, the beneficiaries of a will can take legal action to have the will overturned following the passing of the will-maker (also known as the testator). In British Columbia, a court can rule that a will is invalid if it does not accurately reflect the wishes of the will-maker under the Wills, Estates and Succession Act. A beneficiary seeking to challenge a will can do so on the basis that the will-maker was unduly influenced by another individual or lacked mental capacity at the time of creating the will.

Understanding Undue Influence and Incapacity Claims

When writing and signing a will, the will-maker must have a clear understanding of the purpose and scope of their will. In addition, they must have an accurate knowledge of the size and value of their estate. In disputes related to the mental capacity of the will-maker, a BC court would evaluate the evidence to determine if a will-maker had appropriate capacity of mind at the time of the creation of their will.

A beneficiary may also challenge a will on the basis of undue influence. In such circumstances, it must be proven that the will-maker faced pressure, threats, or coercion from another individual or group at the time of writing their will. If undue influence can be proven, it renders the will invalid by law.

If you are looking to challenge or defend a will in British Columbia, our expert will and estate lawyers are here to help. Contact our office in Victoria BC, and an experienced Acheson Sweeney Foley Sahota lawyer can assess your chances of success in a will challenge or assist you in defending the will of a loved one.

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What is an Estate Claim?

When a loved one passes away, an estate claim can be filed by any individual that believes the estate owes them money or property. An estate claim can be for a mortgage, unpaid wages, credit card debt, long or short-term loans, and other types of debt. In British Columbia, the executor of a will is responsible for ensuring that all debts and claims are settled. If you are and individual looking to make an estate claim in BC or are an executor of a will looking to defend against an estate claim, our expert estate lawyers are here to support you.

What You Need to Know About Contesting a Probate in BC:

When a will is present, probate is the legal process of certifying that the will is legal and that the wishes of the person who has passed are being fulfilled. In other words, probate is the process of proving the last will and testament. When no will is present, it is up to a probate court to determine how the assets of the deceased’s estate are dispensed. In British Columbia, individuals are free to leave their estate to whomever they choose following their passing; however, the spouse or children of a deceased person can contest the will. Those seeking to contest a will must do so within 180 days of the will being probated. If you are thinking about contesting a probate in British Columbia, our expert probate lawyers in Victoria are ready to help. Contact us about your contested probate application today.

"A good firm that works as a team in the best interest of their clients. Mr. Sidhu was receptive to my needs as a client and worked diligently with their team to achieve a good outcome. I would highly recommend him and their firm to others".
Jonathan Elliott

Common Will Executors and Administrator Disputes:

In the scenario that a will is present, the executor of a will is directly named by the will-maker and is responsible for managing all assets and paying beneficiaries as outlined in the will. If the executor of a will refuses to pay the appropriate beneficiaries, it may be appropriate to take legal action.

The administrator of a will is the person appointed to act on behalf of the estate of the deceased individual when a will is not present, or when the named executor refuses to prove the will. In such circumstances, a court will grant administration rights to the widow, widower, or one of the next of kin in accordance with BC’s estate administration act. This person is responsible for managing all the estate’s assets and debts, paying off any taxes owed by the estate, and distributing any remaining assets to beneficiaries just as an executor of a will would.

Choose Our Experienced Estate Lawyers for Your Estate Planning and Litigation Needs

With over 35 years of civil litigation experience, our firm has the knowledge and expertise required to effectively serve your estate litigation needs. If you are seeking representation to challenge or defend a will, or need help with an estate claim, our estate lawyers will support you every step of the way. Our firm also has a proven track record of success with will administrator, power of attorney, and trust disputes in BC. Our lawyers work hard to resolve estate-related issues in the most cost-effective way possible, and are here for you in your time of need. Please contact us to discuss how we can help.

Book a free consultation with an expert estate lawyer today. You deserve to be fairly compensated for the passing of a loved one.