Estates & Trusts Law > Estate Litigation

Vancouver Estates and Trusts Litigation Lawyers

Estate Law is almost always painful, rife with emotion and tends to bring out the dysfunction in families. Whether you’re dealing with events from long ago or more recent hurt, we’re careful and considerate in our approach. Although we want everyone to feel comfortable and to resolve your case as quietly and peacefully as possible, we won’t hesitate to prepare for trial when necessary.

Free Consultation

We believe it’s important to know your legal rights and obligations before making any decisions. That’s why we offer 30 minute free consultations to give you the opportunity to discuss your matter with a passionate and knowledgeable lawyer who can advise you on the best steps forward.

CHALLENGING AN EXECUTOR

If you have an issue with the Executor or Administrator of a will or trust, it is possible to challenge them. Their legal duty is to act in the best interests of the deceased person’s estate or the beneficiaries of the trust. If there is a question around conflict of interest or whether they will act with honesty, you may have a legal case.

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Contesting a gift

Unfortunately, after a person’s death, Trustees will often deny the existence of a trust, and claim that an asset was gifted to them. We represent people who wish to challenge the rights of another person to the assets they have received as a result of another’s death. While the trustee may claim the assets were a gift, our clients may claim they were meant to be distributed by the trustee to others in the family.

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Disinherited child

According to law, an individual is required to ensure that their spouse and children are not unjustly disinherited and are adequately provided for. We launch wills variation claims on behalf of spouses and children who have been unjustly excluded from an estate.

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Disinherited spouse

We represent clients who need the advice and guidance of a lawyer in order to secure their fair share from their deceased spouse’s estate. In every instance, we engage each client to understand his or her objectives for legal action. We offer practical and effective solutions tailored to meet their needs.

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Undue influence & lack of capacity

These types of cases can be complex and difficult to prove, however, and may attract an award of special costs against you (if you fail to prove an undue influence claim). If you are concerned that undue influence or lack of capacity was a factor in your loved one’s estate plan, it is essential that you seek advice from an experienced estate lawyer.

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Unjust enrichment

We believe in our clients. Our dedication to justice includes helping those who have given of themselves for the benefit of others to receive what they are owed. As in all of our will dispute cases, we take the time to listen to our clients and understand what their goals are in seeking legal advice. We then offer efficient and practical legal solutions to meet their needs.

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Validity of a will or a trust

Elder abuse is, unfortunately, a common occurrence and fact of everyday life in modern society. There are many cases where an unsuspecting testator is taken advantage of by a person they trust – often a spouse or child to execute testamentary documents to distribute their estate in ways that are against their actual wishes.

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What is an estate asset?

Individuals have the right during their lifetimes to give away property as they wish or to hold it jointly with another person. For this reason, beneficiaries may be surprised to learn which of their loved one’s assets are considered assets within the estate and which are not included in the will.

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Will disputes

Our cases vary significantly from client to client as each one seeks a just remedy in his or her circumstances. Estate disputes can arise in scenarios that revolve around the validity of a will or the actions of an executor. Claims can also be made on assets both inside and outside of a will.

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We were made to feel valued and heard. Integrity, competence and a passion for justice definitely describes Onyx. They are also caring, compassionate and have a good sense of humour.

Thanks to Onyx’s straightforward approach, this litigation was resolved with the best outcome for myself and my children. Although this ordeal was emotionally trying, we can get on with our lives, without added worry and stress.

I chose the right law firm and I know our future is on the proper course because of Onyx. I wouldn’t hesitate to tell anyone who needs good legal representation to take my words to heart.

Vancouver

The Scotia Tower - Suite 1215
650 West Georgia Street
Vancouver, BC
V6B 4N9

T (604) 900 2538
F (604) 900 2539

[email protected]

New Westminster

100 - 26 Fourth Street
New Westminster, BC
V3L 1A9

T (604) 900 2538
F (604) 900 2539

[email protected]

Kelowna

Suite 1100 – 1631 Dickson Avenue
Kelowna, BC
V1Y 0B5

T (604) 900-2538
F (604) 900-2539

[email protected]

Onyx Law Group