Is It Worth Disputing a Will?
When you have been disinherited or a loved one has not provided adequate maintenance for you or your children, you likely are not only concerned about your own future, but of the cost of estate litigation. If it’s an issue with your spouse’s will, you most likely not only want to but will need to dispute the will if there are issues with the terms listed. But if you are the child or the second-spouse who has been left out of an inheritance, the question of “is it worth it?” becomes harder. Here is what you need to consider when starting the wills variation process.
You Owned the Property That Was Included in the Estate
Be it that property was jointly owned by spouses or perhaps your name was added on the deed, when the deceased spouse has left property to someone other than the true owner, for example a child, the only option you have is to contest the will and seek legal action.
Your Spouse Did Not Leave You Adequate Provisions
Unfair distributions are a large part of the wills variation process. Under the Wills, Estates and Succession Act, your spouse has a legal responsibility to leave adequate provisions and maintenance for you. In cases where your spouse was the primary income earner and did not leave you sufficient funds or assets for your expenses, you may have no choice but to contest the will.
This in itself can be an expensive and lengthy process, but necessary when your own living standards are in jeopardy.
You Think the Will Invalid
It’s not enough for a will to be written and documented correctly, the intentions must also be true. When you suspect that a loved one’s will was created despite a lack of testamentary capacity, you suspect undue influence, or there is evidence of unjust enrichment, you may have a valid reason to go through a wills variation claim.
These cases require evidence and time. But it’s worth it. Your loved one would want the right thing done – even if it’s difficult.
Wills disputes are complicated but with the right lawyer, it’s worth it.
Is It Worth Disputing a Will: Klein Lawyers LLP
When you have been left out of a will, you may get to a point where you wonder if it is even worth it to dispute the will or just let the will stand as it is.
Whether you suspect something is wrong with a loved one’s will, or you were disinherited, you may want to undergo the wills variation process in British Columbia. At Klein Lawyers, our estate litigation lawyers will review the will and navigate the legality of your claim, ensuring you get what is rightfully yours.
Contact Klein Lawyers at (604) 874-7171 today for a free, confidential case evaluation. Our wills variation lawyers serve clients throughout British Columbia from offices in Vancouver, Abbotsford, Burnaby, Coquitlam, Langley, and Surrey.