Circumstances for seeking will variation are explored by the Vancouver Will and Estate Lawyers at Kushner Law
Vancouver, BC -- (ReleaseWire) -- 05/23/2019 --What happens if a family member is wrongfully excluded from a will? If a person in British Columbia believes they have been wrongfully left out of a will, or are not properly provided for, they have 180 days from the day that the Grant of Probate is issued to bring on an action, pursuant to the Wills, Estates and Succession Act, to vary a will. For more, go to: http://www.kushnerlaw.ca/services/estate-planning-litigation/
As experienced wills and estate lawyers in Vancouver, the team members at at Kushner Law Group act on behalf of various parties, including named beneficiaries under a will who seek to protect their inheritance, unnamed beneficiaries who have been left out of a will, personal representatives appointed under a will or by a court, and persons seeking to inherit when a close relative has died without a will (also known as an intestacy).
According to the Wills, Estates and Succession Act ("WESA") in BC, the will-maker has a duty to provide for his or her spouse and children.
"If a will-maker dies leaving a will that does not, in the court's opinion, make adequate provision for the proper maintenance and support of the will-maker's spouse or children, the court may, in a proceeding by or on behalf of the spouse or children, order that the provision that it thinks adequate, just and equitable in the circumstances be made out of the will-maker's estate for the spouse or children."
In many cases where a family member has been excluded from a will, this means resolving cases in a timely and efficient manner, utilizing alternative dispute resolution methods, like mediation, wherever possible. When no compromise can be reached and litigation becomes necessary, a wills and estates lawyer will be called on to represent a case in court.
Only the spouse or children of the will-maker have standing in law and may apply to the BC Courts to vary a will. If a family member believes they have been wrongfully excluded from a will, the first step is finding a wills and estates lawyer who can assist with the necessary litigation.
As a team of wills and estate lawyers in Vancouver, Kushner Law Group has in-depth experience working with those seeking to vary a will as well as people who need assistance in other legal aspects of end of life planning, including estate planning and wills, power of attorney agreements, representation agreements, health care directives, and committeeship nominations.
To learn more about will variation in BC, please schedule a consultation to speak to a wills and estates lawyer at Kushner Group. Services are available in Spanish and English.
About The Kushner Law Group
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.
For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.
Kushner Law Group
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105