The aftermath of a loss is filled with uncertainty and grief. Because a will involves the wishes of someone who cannot be there to explain or defend his or her choices, sometimes those left behind are left with many questions that can turn into conflicts.
At MacMillan Tucker we are familiar with both sides of these conflicts, from the executors and beneficiaries who want to carry out the terms of a will to the beneficiaries or potential beneficiaries who may have reason to question it. British Columbia law regarding wills and estates can be complex, and often, there may be no clear answers.
Defending a Will
If you are an executor or beneficiary who believes the will before you is valid and fair, we can help you defend its validity. Our estate litigation lawyers can also help you if you need to defend a transfer to a joint tenancy or any other estate transaction or structure.
Our lawyers can also explain the nature of the claims against your will or other structure and help you understand whether they may be valid. We would like to help you so that you can finish settling your loved one’s affairs and move on with your life.
Challenging a Will or The Administration of an Estate
If you are a beneficiary — or potential beneficiary — who has been disinherited or if you feel that you have not been treated fairly, we can analyse the will and help you see if it can be challenged. Or, you may be a beneficiary of an estate and feel that you are not being treated fairly or that the estate executor or administrator is not fulfilling their duties. If you have a legitimate claim, we will help you make the settlement of your loved one’s affairs fair and reasonable and promote your rights as a beneficiary.
These are delicate, difficult issues for any family to deal with, and our goal is to help you while avoiding costly court conflicts that may take a long time and result in irreparable harm to your family. However, if your case must go to court to be resolved, we are willing to defend your rights in court.