The job of BC Estate lawyers is to guide people involved in estate disputes and unfair wills. They can help them become the right beneficiaries of the estate left by the deceased person by following the land’s law.
After the death of loved ones, the unfair Wills can further increase victims’ emotional trauma. This unfair treatment can lead to bitter feelings, and the persons concerned may have to struggle for years to get back what rightfully belonged to them. It could be a taxing time both emotionally as well as financially.
In British Columbia, estate disputes and unfair will fall under the Wills, Estates and Succession Act. It allows the victims to request the court to make the unfair Will invalid or make changes to it, provided they do so within the timelines defined by BC estate law.
If people feel that they will not get a fair share, they may seek timely legal guidance to get a rightful share of the estate. Generally, the court changes many unfair wills as they do not seem to follow the Act’s spirit. This power lets the court remedy situations where the Will was not valid, or the Will was unjust to the rightful beneficiaries.
You require the advice of capable lawyers who properly know the BC Estate laws. Such BC lawyers can dispute unfair Wills to help you get a fair entitlement of the estate left by your loved ones.
You must understand the opinion of law in matters of unfair wills. According to the Wills, Estates, and Succession Act, if a Will does not provide adequately for the spouse and any child of the deceased person, then the court has the power to change such wills. The court can provide for victims in a manner it deems fit as per each case’s circumstance. According to BC’s highest court, someone’s Will is the final chance for him/her to do justice to his family members. By varying the unfair wills, the court can uphold this opinion in favor of genuine family members, especially spouses and children, who feel they are not suitably inherited.
Contesting a Will
Obviously, according to BC Estate law, any disinherited spouse or child can appeal to change a will document. It is crucial to define who qualifies to be a valid spouse or child to ask for such changes.
The law defines a spouse as follows. A spouse is a person who meets one of these two conditions. Firstly, he/she should be married to each other. Secondly, they live together for a minimum of two years in a relationship that is similar to marriage. This definition also includes people of the same sex. It is vital to understand that those persons are no longer deemed as spouses once they are separated. Of course, such a person cannot ask for a change of Will of his ex-spouse. But we also need to define a timeline for the separation.
The definition of separation under the BC estate law clearly states that if one of the spouses informs the other person about his intention to separate or do something deemed an action demonstrating the intent to separate forever, the separation has occurred. It implies that two persons are separate under the law even though they are living together.
One more clause says that if a couple starts living together within twelve months of separation, the spouse will not be deemed separate. However, the main motive to live together should be to reunite to live together for a minimum of 90 days in one period or multiple periods. That is all about the definition of a spouse for BC Estate law. The Act also defines a child for the same purpose.
As per the Act, a child can be a naturally born child, an adopted child, or a step-child adopted by a step-parent. If parents do not adopt a step-child, he/she can not appeal as a child under the BC Estate laws. However, the definition of a child also includes adults and even those adults who are financially independent.
The right to challenge an unfair will expires after 180 days from the date of granting probate. Therefore, the disinherited person must challenge the Will within the specified time limit. The granting of probate implies that the Will is valid, and the executor can legally execute the Will to share the estate.