Estate disputes are often an unfortunate occurrence following a loved one’s death. These legal conflicts arise when questions emerge about how someone’s assets will be distributed or how their estate is being managed. Those who oversee estate transfers, either an executor or, in some cases, a personal representative appointed by a court, may face questions about the contents of the will or their conduct while administering the will. Estate disputes can include a variety of common and not-so-common disagreements that can be resolved in court and with the help of an estate lawyer to settle a loved one’s estate.
Will Disputes
Will contests arise when someone questions whether a will is legally valid or truly reflects the deceased’s intentions. Often, these cases begin when a family member or other party who stands to benefit from contesting a will believes a will was written under improper circumstances or does not comply with legal requirements.
BC’s Wills, Estates, and Succession Act (WESA) outlines the rules for making, interpreting, and challenging wills. Legal grounds for disputing a will include:
- Lack of testamentary capacity: The will-maker lacked the mental capacity to understand what they were doing when they created or signed their will, likely due to cognitive decline or illness.
- Undue influence: Another person pressured, manipulated, or even threatened the will-maker into changing their will. This is especially common in cases where the will-maker was isolated or dependent on the individual in question.
- Fraud or forgery: The will was possibly altered, signed, or faked under false pretenses.
- Improper execution: The will was not correctly witnessed or signed in accordance with WESA.
- Multiple or conflicting wills: More than one version of the will exists, or handwritten notes and unsigned drafts of a will from the deceased cause confusion.
Variation Claims
In BC, even valid wills can still technically be challenged in court through a wills variation claim. This occurs when spouses, common-law partners, and biological or adopted children of the deceased ask the court to amend a will because they were treated unfairly in the will. Rather than challenging the will’s validity, this claim asks the court to redistribute some of the estate to ensure the will-maker’s surviving spouse and children receive adequate, just, and equitable provisions.
Courts look at the deceased’s legal and moral obligations when deciding these cases. A variation claim typically considers the claimant’s financial need, the size of the estate, and the nature of the family relationships involved.
Executor and Estate Administration Disputes
After a loved one passes, their estate is managed by a representative. This person is either an executor whom the deceased chose themselves and named in the will, or an administrator appointed by the court when there is no will or a will exists but no executor was named. The individual in charge of the estate is responsible for distributing property and assets to beneficiaries, paying debts, filing taxes, and otherwise settling the estate according to WESA. Disputes sometimes happen when beneficiaries believe the executor is acting improperly, neglecting their duties, or making decisions that are unfair or self-serving.
Some common administrator and executor misconduct includes:
- Breach of fiduciary duty: The executor failed to act in the best interest of the beneficiaries. For instance, this could involve misusing funds or favouring one beneficiary over another.
- Administration delays: The executor took an unreasonably long time to settle the estate, resulting in financial harm to the beneficiaries.
- Lack of communication or transparency: The executor failed to provide timely information or accounting reports to beneficiaries.
- Conflict of interest: The executor acted in ways that benefited them personally, such as buying estate property at below market value rates.
- Improper asset distribution: The executor did not follow instructions left in the will or WESA’s guidelines and therefore mishandled jointly owned assets or trusts.
Beneficiary Disputes
Even when a will is legitimate and the executor is fulfilling their duties, disputes can still arise among beneficiaries. These disagreements are often rooted in family dynamics or differing interpretations of what is “fair.” Because beneficiaries are directly impacted by estate decisions, conflicts can quickly escalate if not handled transparently and according to BC law.
Some common conflicts include:
- Unequal or unexpected inheritances: Beneficiaries may contest the fairness of asset distribution, especially if some siblings or family members receive significantly more than others.
- Disagreements over asset valuations: Arguments may occur over how properties, businesses, or heirlooms are appraised and divided.
- Disputes over specific bequests: Conflicts can arise over who receives certain sentimental or high-value items, particularly if the will is unclear.
Intestacy Disputes
When someone dies without a valid will, their estate is distributed according to BC’s intestacy rules under WESA. These rules establish a strict formula for who inherits in these situations, starting with the spouse and children, then moving on to other relatives if there is no immediate family. While the law provides a framework, disagreements are common because family situations are often complex. These conflicts often require court interpretation, especially when family relationships are unconventional or unclear.
Property and Joint Asset Disputes
Questions about property ownership frequently lead to litigation during estate settlement. While some assets pass outside the estate, such as jointly owned property with a right of survivorship, disputes can occur when there’s uncertainty about the deceased’s true intentions or the legal status of ownership. BC courts often examine the deceased’s intent, financial contributions to the property, and supporting documents to determine rightful ownership.
Contact an Estate Litigation Lawyer
If you are involved in an estate dispute or need representation in court, reach out to the team at Stephens & Holman. Our lawyers are dedicated to helping you resolve estate litigation matters quickly and fairly. It is difficult to lose a loved one, and no one should have to deal with the stresses of estate disputes while grieving. Contact us today to reschedule a free consultation at an office near you.