Whether you need help managing your personal assets or are involved in a loved one’s estate, working with an estate lawyer is crucial. Estate lawyers handle matters related to property, wealth, and the distribution of assets, ensuring everything is managed legally and according to the wishes of those involved. Estate litigation is often complex, whether due to the size of the estate in question or the personal dynamics at play. An estate lawyer provides essential guidance to help navigate legal, financial, and emotional challenges often accompanying these matters.
What Does an Estate Lawyer Do?
An estate lawyer deals with estate planning, probate and estate administration, and dispute resolution.
Estate Planning
Everything from owned property to financial resources is included in an estate. Estate lawyers assist clients with writing wills and trusts, detailing exactly how the estate owner plans to distribute their wealth and possessions to mandated entities, such as financial institutions, and beneficiaries alike. Estate planning sometimes entails establishing power of attorney, or a person designated to act on behalf of another if that person becomes incapacitated. Additionally, estate lawyers ensure an estate plan complies with BC’s Wills, Estates, and Succession Act (WESA).
Probate and Estate Administration
Following a death, an estate lawyer can assist executors and administrators with the probate process, which is necessary to validate a will in BC legally. They file applications with the court and guide the executor or administrator through their duties, including settling debts, paying taxes, and passing inheritances to beneficiaries. Executors and administrators may reduce the chance of delays or legal challenges like will contests by working with an estate lawyer at this stage.
Dispute Resolution
Disagreements over an inheritance are not uncommon. Estate lawyers are often called upon to support clients who have a conflict with other beneficiaries or want to challenge the validity of a will. They provide mediation and negotiation services to settle disputes or, when necessary, represent executors or beneficiaries in court to achieve a fair resolution according to BC law.
Stephens & Holman has worked on estate litigation cases dealing with undue influence, fraud, and other similar issues. If you are concerned about ensuring your wishes are fulfilled or receiving your inheritance, contact our office for a free consultation.
When Do I Need an Estate Lawyer?
Knowing when to involve an estate lawyer can help prevent costly mistakes and ensure your assets or inheritances are properly managed. You should contact an estate lawyer to:
- Write or revise a will that dictates how you want your estate dispersed to loved ones and other relevant stakeholders in accordance with WESA.
- Apply for a probate to validate a will after the will-maker’s death.
- Distribute assets to beneficiaries, pay creditors, or execute decisions concerning complex wishes stated in a will.
- Handle a will dispute, such as a claim to void a will from beneficiaries or creditors.
- Contest the validity of a will.
- Ensure that the testator (will-maker) has adequately provided for a spouse and children as required by WESA.
7 Questions to Ask Estate Lawyer After a Loved One’s Death
Estates are complicated, and they have serious legal and financial consequences for all stakeholders. Whether you’re an executor or a family member, it’s important to seek professional advice to avoid conflict. To help you make informed decisions during this challenging time, consider asking these questions:
- What is the process for probating the will?
- What are the responsibilities of the executor?
- Are there any tax implications for the estate?
- How are debts of the deceased settled?
- What happens if there’s no will?
- What are the costs involved in administering the estate?
- How long will the estate administration process take?