Litigation and Dispute Resolution

Effective Legal Advocacy for Estate & Trust Disputes

It can be emotionally frustrating to dispute how estate assets are to be divided amongst surviving family members, friends, or charitable organizations, especially when significant assets are involved. An experienced lawyer is needed to assess the situation and the values at issue, as well as develop a legal strategy that protects your interests.

The estate and trust litigation and dispute resolution team at BKS Law offers the skill and experience required for any estate or trust related proceeding. Combining in-depth knowledge of the Supreme Court of BC’s estate administration practice and procedure, as well as an acute understanding of estate planning, we are well-equipped to fight for what you deserve.

We Fight For What Is Most Important To You

We will work with you to identify the goals you want to achieve from your situation and help to protect what matters most to you. We represent both estate trustees and beneficiaries and advocate on their behalf on issues such as:

Validity of the will: grounds may be mental incompetence of the deceased at the time the decedent made the will, undue influence, duress, improper signature, forgery or an omission or vague provision.
Wills variation claim: initiated by the spouse or children of the decedent, a court order can be sought to vary the terms of an otherwise valid will because the original terms of the will do not adequately provide for the claimant.
Breach of fiduciary duty by the executor, administrator, or trustee: this includes financial mismanagement and misuse of estate assets, financial losses to the estate or beneficiaries, delay, or financial gain from estate assets.
Removal of fiduciary: requests that a fiduciary be removed for cause and pay restitution to the estate or beneficiaries.
Challenge of accountings: identifying assets and requesting that the fiduciary produce financial information regarding estate assets, investments, bank statements, investment policies, or accounting procedures in the management of an estate or trust.
Claims for or against the estate: these can include claims of rightful ownership of assets bequeathed or gifted in the will. Additional claims can also be brought by business partners of the decedent regarding interests in a business asset owned with the decedent or claims by creditors whose claims have been denied by the fiduciary, seeking payment of the claims.
Disputes over trusts and powers of attorney (POA).
Committeeship applications, contested and uncontested.

Our lawyers can assist you with concerns that arise while an individual is alive, but not capable of managing his or her own affairs. We can help if you are disputing the:

Actions of a power of attorney (POA).
Administration of a trust.
Decision-making abilities in the absence of a designated POA.
Long-term health and financial management of an incapacitated individual.

Estate and trust litigation is emotional for all parties. Hostilities and personal animosities often bring out the worst in people. We work with many families in will preparation and estate administration and understand what is at stake for you and your family. Our role is to help you protect what matters most to you when estate and trust disputes arise.