Vancouver estate lawyers distribute assets of a person dying without a will according to the intestacy provisions of WESA. The provisions depend upon whether there is a spouse and children, how many children and whether it is a blended family.
Vancouver estate lawyers look at intention to see if the transfer of property was a gift or is held on a resulting trust for the estate. If it is held on a resulting trust, her estate really owns it and it must be returned.
Vancouver estate lawyers ask whether the will-maker’s will was dominated by another person, whether through coercion, manipulation or the outright but subtle use of power. They also consider the “potential for dependence or domination” provisions in WESA.
Vancouver estate lawyers look beyond a deceptive ability to answer simple questions to whether there was a “disposing mind and memory”.
Vancouver estate lawyers can require surrender of the grant and formal proof of the will. If a will-maker did not know and approve the contents of a will, the will is invalid, in which case a previous will may come into effect.
Vancouver estate lawyers look to WESA for the formalities of executing a will including writing, 2 witnesses and signing in each other’s presence. Estate litigation lawyers also use WESA to formalize an improper will and even a document that would not otherwise be a will.
Vancouver estate lawyers must file a wills variation claim in a Supreme Court registry within 180 days of the grant of probate or the right to bring it expires.
Vancouver estate lawyers help husbands, wives, sons and daughters bring a wills variation claim if a partner’s or parent’s will does not make “adequate provision for their proper maintenance and support”. In making that determination, the courts look at current legal and moral norms.
Vancouver estate lawyers will tell you that only married and common-law husbands, wives and partners, and biological and adopted sons and daughters can bring a wills variation claim.
Vancouver estate lawyers challenge a will in 2 main ways, by contesting the dispositions in a valid will by bringing a wills variation claim, and by disputing the validity of the will itself in a claim based on capacity, formalities or undue influence.
Vancouver estate lawyers distribute the assets of a person dying with a will through her estate according to the terms of her will. Property held in joint tenancy (eg. family home or bank accounts), and RSPs or life insurance policies with a designated beneficiary pass outside the estate.