Contesting a Will

Wills variation claim?

Is the Will unfair?  Is there any way to change how a Will distributes property?  Or perhaps someone else wants to change the Will that you want to protect?  Have you been disinherited? That is, unfairly cut out of a Will so that there is no (or very little) inheritance left for you?  Or perhaps you are responsible for the estate of a deceased loved one and people are pushing you to give them more out of the estate?  Legatum represents spouses, common-law spouses, and children of a deceased person as well as the executor or administrator of the deceased person’s estate.

Legatum can assist you in determining how a court might interpret a Will and can represent your interests in court if necessary.

Is the Will valid?

Was the Will-maker of sound mind when the Will was drafted?  In situations were the Will was drafted right before death, under suspicious circumstances, or if there is something wrong with the way the Will was written (perhaps a do-it-yourself Will kit?) then the very legitimacy of the Will can be challenged.

Legatum can assist you in determining what the strengths and weakness of the Will are and can vigorously represent you in court if required.

What if there is no Will?

When a person dies without a legally valid Will it is called “intestacy”.  When a person owning property in British Columbia dies intestate, the Wills Estates and Succession Act governs how the deceased person’s property is to be divided.

Legatum can assist you in understanding what your rights are to the property and can go to court to enforce those rights if necessary.