Following the death of a loved one, beneficiaries and family members may engage in a dispute about the terms of a will. This may include who was left out of the will and what assets did not form part of the estate. At the Richmond law firm of PLLR Lawyers, firm counsel represent clients who want to take legal action regarding a case of disinheritance or defend the estate against such claims.
What Is Disinheritance?
Disinheritance is understood as the exclusion of someone from a will. A parent who, in his or her will, makes no provisions for a child is said to have disinherited that child.
Sometimes, leaving a spouse or child out of a will is a deliberate choice of the will maker. However, British Columbia law allows the spouse or child who is not named in a will to apply to a court to have the will varied so he or she receives an adequate, just and equitable portion of the estate. This right of spouses and children also applies when they have not been left out of the will completely but their share of assets is less than it should be.
Sometimes, individuals will have the intent to leave adequate assets to their loved ones. They may choose, however, to leave an asset outside the will and entrust another person to distribute it as they wished following their death. When death occurs, however, the person who has the asset may claim it was not, in fact, held in trust and was actually a gift for his or her sole use.
Factors At Issue In Cases Of Disinheritance
A disinherited person, or one who claims the asset distribution in a will is not what the deceased wanted, may claim the testator was unduly influenced by another person or that the deceased did not have the mental capacity to write the will. Depending on the client’s situation, firm counsel will explore and examine each of these possibilities and advance legal actions appropriate to the client’s case.
PLLR Lawyers is a Richmond-based law firm serving estate beneficiaries throughout British Columbia. Dedicated to sound legal advice and one-on-one consultation with clients about their objectives in launching a will challenge, firm counsel earn a positive reputation with clients.