An experienced estate lawyer can have a huge impact on an estate dispute. Tensions can often run high, and when they do, having an estate lawyer can mean the difference between a successful resolution and a costly one.
About Estate Disputes
Proper will and estate planning can often avoid conflicts from occurring, which is why we always recommend having your will drafted by a wills and estates lawyer. The most common estate disputes deal with the intentions of a will and whether it could be considered unfair.
Some of the more common issues that spark an estate dispute include:
- Did the will-maker have capacity when they made their will? Were they sick or suffering from cognitive decline at the time?
- Was the will-maker coerced into making their will? Did a beneficiary use their connection with the deceased to get the will-maker to change the will to their benefit?
- Did the will-maker disinherit a spouse or child? If so, was it fair for them to do so?
- Did the will-maker give away assets prior to their death? If so, did they want those assets distributed in a certain way?
All of these issues stem from one core question—what was the true intent of the will-maker? It can be a challenging question to answer which is why having an experienced estate lawyer by your side can help guide you to a successful resolution.
Mediating an Estate Dispute
Estate disputes can often be emotional and challenging situations. Disputes do not arise out of a vacuum and often involve a history of deep-seated frustrations and perceived wrongs. A lawyer can help all parties focus on the issue at hand—the division of the estate itself. Moving past prior issues is one of the first steps towards a successful resolution.
In order to properly mediate a situation, listening and understanding each parties’ perspective plays an important role in resolving a dispute. Oftentimes, preconceived notions of what has led to the dispute can taint perspectives and halt discussions. A lawyer can act as a third-party that can help provide perspective to the situation and prevent matters from moving into a potentially costly legal case.
Legality and Litigation
Besides the emotional challenges involved in an estate dispute, there are also the legal aspects to contend with. Complicated legal issues such as Will’s Variation Claims or Resulting Trusts and Undue Influence/Capacity can require an experienced lawyer to navigate. A lawyer can help you understand your rights so that you receive a fair settlement.
Of course, in situations where mediations aren’t successful or are not the right course of action, our team of estate litigators is always here to fight for the results you deserve. Whether you have been disinherited or have concerns with how an estate is being handled, our estate litigation lawyers will be happy to arrange a consultation to review your options.
Estate Litigation at DBM Law
For over 40 years, both our wills and estates team and our litigation team has been helping the Tri-Cities area with will and estate planning and estate litigations. If you need help with your estate planning or an estate dispute, our Coquitlam lawyers are always standing by to offer assistance.