Estate Litigation

Estate Litigation Services in Vernon, BC

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Estate litigation is a legal process designed to resolve disputes about the management of a deceased person’s assets. These conflicts can arise for various reasons, such as disagreements over the validity of a Will, the handling of a trust, or the responsibilities of a power of attorney.

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At Kidston Helm Ross Lawyers, we provide strategic legal support for estate disputes, offering objective advice and strong advocacy during emotionally challenging times. Our firm brings a practical approach to dealing with estate disputes and we can help with a wide range of issues that can arise out of someone’s death. Whether you are an executor, trustee, beneficiary, or someone with a claim against an estate, our experienced Estate Litigation Team can help you navigate complex legal matters with care and efficiency. 

 

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Types of Estate Disputes

Estate litigation may include:

 

Challenging a Will

A Will can be challenged for several reasons, including questions about the Will-maker’s mental capacity, undue influence from third parties, or improper execution.

• Capacity and Undue Influence: If there are concerns that the Will-maker lacked legal capacity due to cognitive decline or external pressure, the Will’s validity may be disputed.

• Unclear or Ambiguous Wills: Sometimes, Wills contain unclear wording or conflicting clauses, leading to disputes over the true intent of the deceased. We assist in interpreting these documents and resolving uncertainties.

• Fraud or Forgery: If there is suspicion that a Will was altered or falsified, legal action may be necessary to challenge its authenticity.

 

Disputing Estate or Trust Management

Estate administration and trust management require executors and trustees to act in good faith and in the best interests of the beneficiaries. Disputes may arise when:

• An executor or trustee is accused of mismanagement, neglect, or conflicts of interest

• Assets are misallocated, missing, or improperly distributed

• A trustee fails to follow the terms of the trust or acts outside their legal authority

 

Our team represents both beneficiaries and estate representatives in disputes over estate and trust administration, ensuring that estates are handled according to legal and ethical standards.

 

Claims by Dependents

Under British Columbia law, spouses and children may challenge a Will if they believe they have been unfairly disinherited or inadequately provided for.

• Wills Variation Claims: If a Will does not provide adequate support to a spouse or child, they may be eligible to seek a court-ordered change to ensure fair treatment.

• Claims Against the Estate: Family members who relied on the deceased for financial support may pursue legal action to secure a rightful share of the estate.

 

We advocate for dependents who believe they have been wrongfully excluded and defend estates against unfounded claims.

 

Guardianship and Trusteeship Disputes

Conflicts can arise regarding the appointment of guardians for minor children or the selection of trustees for a trust. These disputes may involve:

• Disagreements between family members over who should care for a child

• Challenges to an appointed trustee who may not be acting in the best interest of the beneficiaries

• Court intervention to ensure that guardians and trustees fulfill their legal responsibilities

 

Our firm provides guidance in resolving these sensitive issues while prioritizing the well-being of minors and beneficiaries.

 

Disputes Over Control and Disposition of Assets

Estate assets—including real estate, bank accounts, and valuable personal property—can become the subject of disputes among beneficiaries. Common conflicts include:

• Joint ownership claims where multiple parties believe they have a right to inherit specific assets

• Contested property transfers involving gifts or sales made before the deceased’s passing

• Conflicts over asset distribution when a Will is vague or appears unfair

 

We work to resolve these disputes through negotiation, mediation, or court action when necessary.

 

Claims Involving Disabled Adults

Estate litigation can also involve disputes over the financial and personal affairs of disabled adults who are unable to manage their own affairs. These cases may involve:

• Challenges to a power of attorney when a caregiver or guardian is accused of financial misconduct or neglect

• Disputes over inheritance rights of disabled individuals

• Ensuring proper trust administration for individuals who rely on estate assets for ongoing care​

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Estate Disputes and Litigation for the Okanagan and Throughout British Columbia

Estate litigation is often an emotionally charged process, as it typically involves family members and close associates. It can raise issues of fairness, trust, and responsibility. Given the complexity and emotional nature of these disputes, it’s essential to seek professional legal assistance from an estate lawyer who can guide you through the process, help protect your interests, and ensure that the estate and beneficiaries are properly managed. 

 

If you are facing an estate dispute, we are here to provide clear guidance and strong advocacy. Please contact Robert Ross for more information or assistance with estate litigation.

 

Our Team of Estate Litigation Lawyers

We’re here to help. Contact one of our Vernon-based estate dispute and litigation lawyers for more information or to schedule a confidential consultation.