Where There’s a Will, or no Will, Clark Woods finds a way
When there is a death in the family, there are many uncertainties and stressful situations that can arise once the will is disclosed. How the deceased’s (called a ‘testator’ in legal language) property is disbursed is generally up to them as outlined in their will. Under BC’s Wills, Estates and Succession ACT (WESA), testators have a moral and legal obligation when drafting their will to fairly provide adequate support for their surviving spouse and children.
However, situations can arise when the deceased has not left a will, or there is an uneven disbursement of the assets between family members (“Dad always liked you best”). WESA provides recourse for spouses and children who feel they have been treated unfairly. In such instances, they can apply to have the courts vary the provisions of the will in a way the courts deem equitable, or in the case of no will, ensure that heirs are treated equitably.
As a result of our years of experience in estate litigation and family law, we are skilled at navigating the way through what can be an emotional process at a difficult time. Our goal is to provide effective representation and a satisfactory settlement with minimal cost and conflict; many estate litigations can be handled on a contingency basis.
If you need a lawyer to assist with an estate dispute, we are here to help.
Our Estate Team
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