What can I do if my mother gave away family property before death?
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.
What is undue influence in the making or changing of a will?
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.
What if my father did not know / approve the contents of his will?
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.
What are the formalities of making a will in BC?
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.
How long do I have to bring a claim to change an unfair 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.
What is a wills variation claim?
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.