Family, Estates & Trusts 

FREE CONSULTATIONS

Unjust Enrichment Lawyers BC

unjust enrichment lawyers in BC vancouver

Unjust Enrichment Lawyers

Our estate litigation and unjust enrichment lawyers help clients get what they’re owed in unjust enrichment cases.

Within families and close relationships, people regularly fulfill the needs of others as part of their commitment to loved ones. When the substantial activities or services of a person are not recognized within a will or testamentary document, those that gave time and effort can make a claim for payment against the estate or for an interest in real property that forms a part of the estate via a claim of constructive trust. At Vancouver’s Onyx Law Group, our estate litigation counsel represent clients who seek legal advice and guidance regarding their rights to compensation.

There are 3 remedies that you can ask the court to grant you from an unjust enrichment claim:

1) monetary restitution via the quantum meruit concept (value received approach)
2) monetary restitution via the value survived approach
3) constructive trust over title to real property.

Monetary restitution via the value received approach

Quantum meruit means “what one has earned.” The law allows for those who have provided services to be paid for those services even if there is no contract in place. In the case of family members who provide care-taking services for a loved one, for example, a quantum meruit claim can be advanced with the intent of securing a portion of the estate for the caretaker equivalent to the value of the services provided (for example on an hourly rate basis at the market rate of caregivers).

Monetary restitution via the value survived approach

Where there has been an unjust enrichment in the case of where one person holds a disproportionate amount of the family assets between the parties where both parties made contributions to the accumulation of assets, the wronged person can ask the court for a monetary award according to the value survived approach so that he or she can receive a share of the assets that is proportionate to his or her contribution to the accumulation and increase in value of the assets.

Remedial constructive trust over real property

When a person has made contributions towards the accumulation or increase in value of real property, and another person has been unjustly enriched by holding a disproportionate share of the real property, the wronged person can ask the court for an order that constructive trust be imposed over the entire or part of the real property in favour of the wronged party.

British Columbia Unjust Enrichment Lawyers

At Onyx Law Group, 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.

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.

(604) 900-2538

Contact Us

Onyx Law Group represents clients in family law, estate and trust litigation, estate planning and probate matters. Consult with our experienced team at 
(604) 900-2538

TELL US HOW WE CAN HELP
  • 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.

We will find the best way to help you

Vancouver

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

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

reception@onyxlaw.ca

New Westminster

26 Fourth Street
Suite 100
New Westminster, BC  V3L 5M4

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

reception@onyxlaw.ca

Kelowna

1631 Dickson Avenue
Suite 1100
Kelowna, BC  V1Y 0B5

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

reception@onyxlaw.ca