Estate Litigation

Where There’s a Will, or no Will, Clark Woods finds a way

Estate Litigation

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.

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Our Estate Team

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Josh Woods

Josh was born and raised in Edmonton, Alberta, but moved to beautiful British Columbia in 2004. Falling in love with the province, he completed his under-graduate degree at the University of Victoria, and then crossed the Georgia Straight to attend the University of British Columbia for law school. During law school, Josh clerked for the Provincial Court of British Columbia, gaining first-hand insight into how judges evaluate and weigh the evidence before them.

Following law school, Josh articled and practiced at a large litigation law firm in Surrey, BC, before co-founding Clark Woods LLP. Josh has had trial success at all levels of court in British Columbia, including the British Columbia Court of Appeal. Most recently, Josh was lead counsel in Rabbani-Nejad v. Sharma, one of the first cases in British Columbia in dealing with ICBC’s minor injury caps scheme and its impact on pre-existing claims.

Today, Josh’s practice focuses on significant personal injury claims, estate litigation, real estate litigation and other complex litigation matters.

Outside of the office, Josh enjoys spending time with his young family, climbing rocks in the great outdoors and fooling around on his guitar with friends.

josh@clarkwoods.ca

Anisha Karia

Originally from BC, Anisha graduated from the University of Alberta Faculty of Law in 2019. During law school, Anisha served as the Co-Chair for the Women’s Law forum, completed a Practicum at the Edmonton Community Legal Centre in Civil Law for low-income individuals and volunteered with the Student Legal Services. Prior to law school, she worked as a crisis worker and peer advocate for women escaping violence in Vancouver B.C., while completing her Bachelor of Arts at Simon Fraser University.

Anisha joined Clark Woods LLP after she was called to the Bar in British Columbia in January 2021. She has a keen interest in conflict resolution, particularly in family law. Her focus is to provide interest-based advocacy for her clients, while educating them about their legal matters.

Outside of the office, Anisha loves spending time with her family, exploring beautiful BC, and cooking. She is fluent in French and spoken Gujarati.

anisha@clarkwoods.ca

  • PF
    I can’t say enough great things about this firm. They are responsive, kind, honest, and so helpful. They really know how to put their clients first and help with any needs or concerns. We have always been confident and at ease that we made the right choice with Clark Woods. I have many times and will continue to recommend them.
    PF
  • RP
    I was fired 2 weeks before Christmas for no reason and given no severance. I had no signed contract and did not belong to a union. My son recommended a lawyer, Josh Woods, with the firm Clark Woods LLP. Josh is really good at his job. He kept me informed in advance of everything he was going to do, and then followed through with what he said. When the case was settled I received a cheque for more than I expected. I would recommend that anyone let go without severance seek assistance from the law firm Clark Woods LLP.
    RP