Law We Practice

Legatum estate litigation is a law firm that focuses its practice on wills and estates disputes. Serving all of British Columbia, Legatum leverages technology to deliver affordable legal services from Vancouver to the interior of British Columbia and from the Fraser Valley to the northern part of the province.

Contesting a Will: have you been disinherited (i.e. cut out of a Will)?  Has a loved one died “intestate” (i.e. without a Will)?  Do you have a right to a portion of the estate if you are not married to the Will-maker (i.e. a common law spouse)?  Can adopted children claim against an estate?  Was the Will signed under suspicious circumstances or close to the date of death?  Was the Will-maker mentally aware when they gave instructions and signed the Will?  Did someone pressure the Will-maker into signing the Will?  Is someone accusing you of doing something illegal with the Will-maker’s Will or estate?

Trust Claims: are there missing estate assets?  Did the Will-maker promise you something from his or her estate?  Did the Will-maker promise to pay you or compensate your for work that has not been paid for?  Has the estate benefited from your work without compensation to you and at your expense?  Is the Will-maker's name on title of property you own?

Elder Law Issues: "Elder Law" refers to the particular legal issues can arise as people get older.  As people age they can become vulnerable to financial, emotional, and even physical abuse – often by people who are looking to secure some kind of financial gain.  In British Columbia, there are laws in place designed to protect the vulnerable.

Powers of Attorney Disputes: A person appointed ‘attorney’ under a power of attorney (called a "trustee") is responsible to manage the property of the person who granted the power of attorney (called a "grantor").  The trustee is legally required to make decisions in the grantor's best interest.  If the trustee personally benefits from the grantor's assets, then he or she can be forced to pay money pay that money back.  In situations where the trustee has spent the grantor's money inappropriately, the court can order the trustee to pay the grantor back out of his or her own pocket.

In summary, Legatum can help with estate matters including disputes when a person is “disinherited” or cut out of a Will.  Legatum can help clarify the legal significance of a person’s declining mental capacity on financial transactions or transactions under suspicious circumstances (real or alleged).  Legatum can help identify circumstances of elder financial abuse and can identify and advise of the legal consequences in circumstances of “undue influence”.  Legatum can help identify and advise of the legal consequences arising out of the abuse of a power of attorney or representation agreement. 

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