Estate Litigation:
What do You do if You Are Left Out of the Will?

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Estate Litigation

William Shakespeare, on estate litigation:

Let's talk of graves, of worms, and epitaphs; make dust our paper, and with rainy eyes write sorrow on the bosom of the earth. Let's choose executors and talk of wills…

William Shakespeare

Richard II, 1595

In British Columbia the Wills, Estates, and Succession Act, ]allows the court to alter a deceased’s Will if, in the court's opinion, the will has not made adequate provision for the deceased’s spouse or children.

For some lawyers who practice in this area, they will say that there are a lot of commonalities between this area of law and family matters, only in family law, the parties are all still living. In this kind of law, one of the key people has always passed on.

Just because someone does not want to leave something to their grown child, it does not mean that their final wish in this regard will be supported in the law. People who feel they should have inherited under a will can sometimes challenge that will's provisions successfully.

Left out of the Will?

Determining whether or not adequate provision has been made by the deceased can be tricky, because adequate provision does not simply mean that basic needs have been met.  A number of factors are taken into account.  For example: has the deceased met their moral duties to their children or has the deceased not kept a spouse in the manner to which they’ve grown accustomed?  The court may even step in to alter a Will that is discriminatory.  For example, a child could potentially challenge a Will that excluded them because their (now passed away parent) had a significant falling out with them.

Even if you don’t qualify to challenge a Will, there may be other grounds on which you could challenge a Will when you think it may be unfair.  This might occur in a situation where you had taken years off work to care for a dying in-law, only to have them leave you nothing as compensation for your lost earning years. 

Maybe you are an executor of a will that is being challenged.

At Hemminger Law Group we can specifically help you with the following questions or topics: 

If someone closely related to you has died and you don’t feel that their Will has treated you fairly or if you’re the executor of a Will that is being challenged, you still have options. Please contact us for a consultation to find out how we can help. 

Return from Estate Litigation

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At Hemminger Law Group we commit to providing you with the highest quality legal information on this website. However, nothing on this website should be construed as actual legal advice. Every case is different and it is important that you consult a lawyer before making any decisions with respect to a legal matter.

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