Among the most common legal issues facing beneficiaries following the death of a loved one is whether certain assets, left outside of the will, should in fact form part of the estate. At the Richmond law firm of PLLR Lawyers, firm counsel advise beneficiaries and family members of a deceased person about the status of assets in dispute, and launch legal action where appropriate.

Determining Whether An Asset Is A Gift Or Held In Trust

Understanding a testator’s intention in regards to property outside of the will is important to determine its status. For example, a will maker who opened a joint bank account with a family member may intend those account funds to simply pass to that person after the will maker’s death for the survivor’s own use. However, if the will maker opened that account in order to avoid probate fees and had the intent that the joint account holder would distribute the money to all beneficiaries, these account funds could be considered to be held in trust.

Trusts for Minors/Incapable Adults

If a will-maker wishes to benefit someone who is a minor or is otherwise legally incapable, the will-maker should create a trust – either through the will or while the will-maker is still alive (called an inter vivos trust) – in order to provide for the minor or incapable beneficiary. In the case of an incapable adult beneficiary, one particular form of trust, a “Henson Trust”, can be useful. Such a trust can preserve a disabled beneficiary’s entitlement to government disability benefits.

Trust Litigation Lawyers

As an established firm with more than four decades of history serving the community of Richmond and families throughout British Columbia, PLLR Lawyers can be the right law firm to help you establish and assert your rights as a trust beneficiary.

To contact the firm’s Richmond-based lawyers regarding your trust dispute, call 604-276-2765 or fill out the form below.