Estate Litigation

It’s actually quite complicated.

There is the traditional approach to challenging a will in court—that the maker of the will was not in their right mind at the time, or that they were unduly influenced by some other person.

If the court decides that a will is valid, in British Columbia it is possible for a spouse or child of the deceased to ask the court to vary the will because they were not appropriately provided for. “Appropriately provided for” includes a moral obligation to provide for a spouse or child. Step-children cannot apply.

On top of this, one often finds persons giving away assets prior to their death. Maybe an outright transfer. Maybe by adding a party as a joint tenant to land or bank accounts. A court might conclude that this is a valid, genuine gift. Or not.

Our Estate Litigation lawyers are: John Drayton  and Blake Tancock.