Will & Estate Litigation
Practice Experience
Disputes involving Wills and estates are complex. They involve time limits, evidentiary issues, and family dynamics at a time when emotions are running high. A lawyer experienced in Wills litigation can bring clarity and reassurance that your interests are being protected while you grieve. Our Wills Litigation Team can assess your situation, explain your legal position, and outline your options so that you can make informed decisions. We can also identify and gather evidence and documents you may need to challenge a Will or pursue a Wills variation claim and represent you in court proceedings.
Murphy Battista’s Wills Litigation Team acts for clients in matters including:
- Contested Wills and trusts
- Wills variation disputes under the British Columbia Wills, Estates and Succession Act (“WESA”). WESA governs the formal requirements to make a valid Will, Wills variation matters, probate, estate administration, inheritance rules and other estate law issues in BC.
Wills Disputes in British Columbia
Wills and estates disputes typically arise in relation to the validity of a Will, disinheritance, or other unfairness to a beneficiary, or when the actions of an executor or administrator are problematic in some way. There are also situations where beneficiaries may wish to challenge a transfer of assets or gifts made by a testator before their death. Similarly, there may be disputes over whether assets are inside or outside the estate that can affect the rights of the beneficiaries of the estate.
Challenging the Will of a spouse or parent is bound to be emotionally taxing and the decision to do so may have consequences for ongoing family relationships. Our Wills Litigation Team is experienced assessing these types of claims. We can review your case and provide you with objective insight into the strengths and weaknesses of your position. We can also provide information on the possible consequences of the various options available to you. For example, if a Will is declared invalid, there may be an earlier Will that applies, or the deceased’s estate may need to be distributed according to the rules of intestacy (the law that applies if someone dies without a Will).
Grounds for Challenging a Will in British Columbia
You can challenge (contest) the validity of a Will in BC on the following grounds:
- The testator (the person who made the Will) lacked the mental capacity to make or change their Will.
- Someone exerted undue influence on the testator to make or change their Will.
- There is evidence of fraud or forgery related to the making or changing of the Will.
- The formal requirements to make a valid Will were not met.
In each of these cases you must have evidence to support your claim. For example, in a claim based on lack of mental capacity of the testator you would need medical records to establish that the testator did not have the legal capacity to change or make a new Will.
Note that even if you can successfully challenge a Will on the basis that the formal requirements were not met, the BC Supreme Court has the power, under s. 58 of WESA, to cure deficiencies and declare the Will valid.
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Krystle Gaudreau
I cannot praise Irina Kordic and her paralegal Mikki enough for their exceptional care and support throughout my case. They always answered my calls promptly, patiently addressing every question and concern I had without ever seeming annoyed. They went above and beyond to ensure that I fully understood the legal process and what was happening with my case, which made everything so much less stressful for me to take in.<br /> <br /> Their commitment to keeping me informed and involved every step of the way was truly remarkable. I highly recommend Irina Kordic to anyone in need of legal assistance.
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Matey Mladic
Mikki and Irina did a wonderful job helping me out with my case and they were very helpful
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Ivona Lukic
I've had unfortunate slip and fall almost 6 years ago and have been dealing with Irina Kordic & Avis Shiu. From day one they have been amazing support, guidance and friendly voice in unknown. They were always available for me with any questions I had. Just about a week ago we managed to settle my case. Irina is very professional and I'd highly recommend her and Murphy Battista as your law firm if you need one.
In Wilton v. Koestlmaier, 2019 BCCA 262, Joe Murphy, K.C. and Brandon Souza were successful in defending the trial decision in favour of our client, and the BC Court of Appeal dismissed the appeal.
In Wilton v. Koestlmaier, 2018 BCSC 1257, Joe Murphy, K.C. and Brandon Souza acted for the executors and estate of the deceased, Maxine Wilton, who altered her Will by completing two codicils. The defendants, the deceased’s grandchildren, were no longer beneficiaries in the Will after the second codicil was made. The grandchildren challenged that codicil claiming suspicious circumstances surrounding the making of the codicil, that the grandmother lacked the testamentary capacity, and that she was subject to undue influence. The grandmother suffered strokes both before and after the codicil which left the grandchildren out of her will. After a five day trial, the court found the codicil valid and that the grandmother knew exactly what she was doing.
Wills & Estates Litigation
2010
Estate Litigation
Professional Negligence
$160,000
In Beck v. Johnston, Meier Insurance Agencies Ltd. 2010 BCSC 719, J. Scott Stanley successfully acted for the estate of a deceased women against her insurance broker. The deceased had been involved in an acrimonious divorce with her husband who lured her to their former home and murdered her before setting fire to the home and committing suicide. The insurance company properly denied the claim on the basis that it does not cover intentional acts. Scott achieved a partial settlement from the insurance company and successfully sued the insurance broker for the balance of $160,000. Scott convinced the Court that the insurance broker should have recommended to the deceased that she change her policy so that she would be protected if her former husband did intentional acts against the property. This case is one of the leading cases in British Columbia dealing with the negligence of insurance brokers.
FAQs
Who can apply to vary a Will and when does that happen?
How do I contest a Will?
What is substitute decision making?
What is “capacity” and how is it defined?
What is a Power of Attorney?
What is a Representation Agreement?
Wills & Estate Litigation
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