League and Williams Lawyers

Category: Estate Disputes

  • Unfair Wills: Who can challenge in BC? (Video Blog)

    Unfair Wills: Who can challenge in BC? (Video Blog)

    BC Laws are the Most Sympathetic to the Wrongly Disinherited 

    Many people do not know that BC’s laws are the most sympathetic laws in all of Canada to people who have been unfairly treated in a family member’s will.  Many provinces allow a testator to exercise almost complete discretion over how their estate is divided, even if it leaves their loved ones penniless.  BC’s highest court has said that a person’s will is their last opportunity to do right by their family members, and BC courts regularly vary unfair wills.

    BC’s Wills, Estates and Succession Act (WESA), provides that if a will-maker dies leaving a will that does not make adequate provision for the proper maintenance and support of the will-maker’s spouse or children, then the court may change the will to make provision for the spouse or children that it thinks adequate and fair in the circumstances.  This can mean the significant rewriting of a will that is not possible in other provinces.

    Who Can Challenge a Will in BC?

    The obvious issue is, if a spouse or a child can apply to vary a will, who is a spouse and who is a child?  Under BC’s law, a spouse is one of two people who are either married to one another, or have lived in a marriage like relationship for at least two years. Of course, this includes same sex couples.  However, people cease being spouses when they separate.  This means separated spouses cannot challenge their former partner’s will.  Separation occurs when one spouse communicates they intend to separate permanently, or they taken action that demonstrates they intend to separate permanently.  This means that people may be legally separated even if they continue to live under the same roof.  Importantly, spouses are not considered to have separated if, within one year of their separation they begin to live together again, the primary purpose for doing so is to reconcile, and they continue to live together for one or more periods, totaling at least 90 days.

    On the other hand, a child, including an adult, and even a financially independent adult, can challenge their parent’s will, as well.  A child means a natural birth child, or a step-child that has been adopted by the step-parent.  Step-children who have not been adopted cannot challenge a will.

    Time is Limited to Challenge an Unfair Will

    One last important point to note is that if a spouse or child has not filed court documents to challenge the will within 180 days from date the court issues the grant of probate, the right to challenge the will is typically lost.  The grant of probate is the formal certificate given by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will.  Again, a will challenge must be filed within 180 of the court granting probate of an unfair will.

    We hope you have learned something from this week’s blog.  Please feel free to like us on Facebook, follow us on Twitter and subscribe to our YouTube channel to receive notice of our future weekly video blogs on the law.  League and Williams is a Victoria, BC based law firm with expertise in injury law, estate disputes and marine law and may be reached via email at info@leaguelaw.com or phone at 250-888-0002.  If you are injured and would like a free consult, give us a call for a free consult.  We are here to help injured parties get the fair compensation that they are entitled to.

  • Practical Advice on Wills and Estates Planning for Blended Families

    Practical Advice on Wills and Estates Planning for Blended Families

    Many Canadian families do not follow the traditional family structure and are often formed by two people who have children from previous relationships. The 2011 census provides that these “blended families” now comprise 12.6% of Canada’s 3.7 million families.

    The question is: how should estate matters be handled differently for blended families? Standard wills typically distribute all assets to the surviving spouse on the death of other, and on the death of the remaining spouse, to the couple’s shared children. But in the case of a blended family, this distribution may exclude the children of the spouse that dies first. Below are two ways to resolve wills and estates conflicts for blended families: 

    • Stating the children’s inheritance outright on the will – One solution is to benefit the children and spouse under the will, rather than solely the spouse, with any assets being held in trust for any minor children until their age of majority.
    • Preparing a mutual will – Alternatively, mutual wills are written with the consent of both parties and cannot be changed unless there is mutual agreement. This means that when one spouse dies, the other cannot revise the will to deprive the other’s children of their inheritance.

    Planning Estates Pro-Actively

    People with blended families should pro-actively plan the distribution of their estate. It is important to consult an estate planning lawyer to ensure that your will accurately reflects your wishes.

    Disputing an Unfair Estate

    Sometimes as a result of failing to pro-actively plan for the specific needs of blended families, children or step-children may be treated unfairly and may be deprived of their fair share of the estate of their parent. When a child or step-child is excluded from the estate, they should discuss their situation with an lawyer who is familiar with BC Estate Law and can take action to ask the court to change the will in order to treat all rightful beneficiaries fairly. Lawyers at League and Williams offer free consultations on estate disputes and may be contacted at 250-888-0002 or by email at info@leaguelaw.com.

    Source: Stepfamilies make up 12.6% of Canadian families, CBC News

    Source: Blended Families, BC Local News

  • Unfair Wills in British Columbia, What are the remedies?

    Unfair Wills in British Columbia, What are the remedies?

    In British Columbia, the Wills, Estates and Succession Act (“WESA”) regulates estate distribution and planning.  Among other things, WESA allows a court to examine a will and to change the provisions of the will to benefit certain family members that were excluded or treated unfairly in the will.  Making an application to vary or change a will is often not easy, but Darren Williams, a lawyer and founding partner with League and Williams, can effectively assist in undertaking the process to ask the court to have unfair wills in British Columbia changed.

    The Clock is Ticking  

    The first critical step in an action to have an unfair will changed in British Columbia is to ensure that the action is timely.  An action to vary a will must be started within 180 days of probate being granted by the court.  If probate was granted more than 180 days ago, an action to have the will changed will likely be denied as the limitation period will have expired.  It should be noted that in British Columbia, all spouses and children of the deceased have the right to look at a will, even if they are not a named beneficiary of the will.  As such, the first thing a lawyer will do in a potential wills dispute action is to check when probate was granted and to examine the will in question.

    The Process to Ask the Court to Change the Will

    Assuming less than 6 months has passed since probate was granted, the next step would be to talk to a lawyer who knows BC estate law and the nuances of the BC Wills, Estates and Succession Act.  Lawyers at League and Williams are willing to consult with people who feel they have been treated unfairly in a British Columbia will and can advise on whether or not the legal process to have the will changed should be pursued and can advise on the risks and benefits of asking the court to have a will changed.  If it is decided that it is worthwhile to ask the court to have the will changed, the lawyer will draft the claim ensuring that all of the necessary details are included, the person (and their counsel) responsible for administering the estate (the executor) will respond, evidence will be gathered, an examination for discovery may be undertaken, settlement negotiations will be had, and ultimately if a satisfactory resolution cannot be negotiated, the lawyer will take the case to court, present the evidence and have the court decide on how the will needs to be changed in order to be fair to those who are entitled to proceeds from the estate.

    Expert Advice Proves Invaluable

    Just because a will has been drafted by a person of sound mind over the age of 16, witnessed appropriately and registered, does not mean that it cannot be challenged or that it is in compliance with the BC Wills, Estates and Succession Act.  The courts have held that there are certain rights spouses and children have with respect to the proceeds of an estate, and if a will fails to respect those rights and treats rightful beneficiaries unfairly, those beneficiaries may have recourse through the courts.  Due to the limited time frame, rightful beneficiaries have to dispute a will and the legal complexity and potential to strain relationships – the best advice is to seek good counsel from experienced litigators who know British Columbia estate law and who can obtain a fair result on behalf of those who have been treated unfairly.

    When disputing or challenging unfair wills, getting good counsel proves invaluable and can prevent an unfair will from haunting the family for years after the death of the testator.  If you are the spouse or child of a deceased who was treated unfairly in a will, you may be able to dispute the estate, contact us at 250-888-0002 or via email at info@leaguelaw.com – we will discuss your unfair will case, advise you on your options under your circumstances and do what is needed to be done to obtain a fair result for you and your family.

  • Reasons to dispute a will in British Columbia: four grounds to make a claim

    Reasons to dispute a will in British Columbia: four grounds to make a claim

    Every year in British Columbia slightly more than 30,000 people die, many of whom have some assets and debts (“an estate”) and a variety of personal and business affairs that they leave behind.  How the assets and debts are administered and how the proceeds of the estate are divided will depend on whether or not there was a will in place and whether or not the will conforms to the requirements of the law – more specifically the Wills, Estates and Succession Act (“WESA”) – which was recently updated with the new Act coming into force March 31, 2014.  If there is no will in place, the deceased is said to have died intestate and the estate is divided according to the provisions of the WESA that govern intestate estates.

    When a will is properly crafted and adheres to BC Law, the costs and time needed to administer the estate are minimized.  A well crafted will ensures that the final wishes of the deceased can be honoured, that all of the deceased’s business/personal affairs and possessions are accounted for and that all of those who are entitled to benefit from the estate are considered fairly and benefit accordingly.  Further, a will gives guardians of minor children a say in who becomes responsible for those children in the event of their passing.  While there are kits that may be used to craft a will, it is generally advised that people get the advice and guidance of a lawyer with experience in drafting wills to assist them in making a will that is considered legal and unlikely to result in a dispute.  If you need a referral to an appropriate lawyer to help you draft a will for your estate, we would be happy to assist, just contact us.

    Unfortunately, some British Columbians die without a will (intestate) or with a will that fails to conform to the WESA.  When there is no will, or when there are grounds to dispute a will, most beneficiaries need to talk to a lawyer who can advise them on their right to benefit from the estate and how to make a claim to get their fair share of the proceeds from the estate.

    Here are four reasons that often give a person grounds to dispute a will in British Columbia:

    1. Next-of-kin were left out of the will (either intentionally or unintentionally) – If a person who should be a next-of-kin beneficiary (generally spouses and children) of an estate is left out (either intentionally or unintentionally), those persons may have grounds to dispute the will.

    2. Similarly positioned beneficiaries of the will were given significantly different shares of the proceeds of the will – If a next-of-kin beneficiary was left a significantly different share of the estate, without good reasons, that person may have grounds to dispute the will.  For example, if one brother got 90 percent of the estate and the other brother was left with 10 percent of the estate for reasons that are either unclear and/or unfair, the disadvantaged brother may have grounds to dispute the will.

    3. Joint property was left to another beneficiary by the deceased – Joint home ownership or joint accounts automatically become the property of the surviving owners as they have a “right of survivorship”.  As such, joint property that is bequeathed in a will to another beneficiary gives the surviving joint property owner a ground to dispute the will.

    4. A will changes the beneficiary of a life insurance policy – Life insurance policies have their own designated beneficiaries and BC wills respect that.  If a person is aware that they are the designated beneficiary of the deceased’s life insurance policy, however a will that was made subsequent to the policy indicates a different recipient of the policy’s benefits, the designated beneficiary has a ground to dispute the will.

    It is important to note that a will is often just one part of an overall estate plan as there are other ways a person can transfer property in the wake of their death that falls outside of the purview of a will.  Prior to making any claims on an estate or disputing an existing will in British Columbia, it is best to consult a lawyer with expertise and experience in British Columbia estate law who can advise on whether or not you have grounds for making a claim under the specific circumstances faced and best enable a person to get their fair share of an estate.

    If a will doesn’t exist, the assets will be distributed according to the WESA.

    WESA has specific rules for dividing the property of a person who died without leaving a will.  If you find yourself eased out of the distribution when you should be part of it under the WESA, let an experienced lawyer help you make a claim.

    For more information on estate disputes, visit https://league.dojogakure.com/our-services/bc-estate-law/unfair-wills-and-estate-disputes/.

    Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.

    Sources:

    BC Vital Statistics Agency

    Making a Will and Estate Planning, The Canadian Bar Association

    Wills, Estates and Succession Act

  • Focused on What Matters: Our Client’s Interests

    Focused on What Matters: Our Client’s Interests

    Legal procedures and issues can be frustrating and stressful and often get in the way of meeting business objectives or personal goals.  When legal issues are not given the attention to detail they need, or when lawyers fail to listen to their clients and understand the problems they face, the solutions available and their client’s interests, the frustration and stress continue to mount – or a legal solution is provided that fails to resolve the underlying problems or causes other legal problems down the road.  There is far more to client satisfaction than just providing competent legal services.  League and Williams believes that the best results are only possible when the lawyer handling the case is competent in the law, understands and appreciates their client’s situation, and is committed to putting the needs of that client first.  We have demonstrated our legal competency and our commitment to client satisfaction over our many years of effectively handling a wide variety of personal injury claims, estates disputes and marine law issues.  We not only understand the legal system, but also understand our clients and strive to put their needs first.  This is just one of the things that makes League & Williams (LaW) different from other law firms in British Columbia.

    Legal issues take a huge toll on people, both physically and emotionally, and often takes months or years to put lives or businesses back on track after a legal issue arises.  Having a lawyer who can provide trusted advice and help to make decisions that meets your needs is invaluable.  Having a lawyer who is committed to finding the solutions needed goes a long way towards making legal problems less stressful and frustrating.

    For personal injury cases, you can count on League & Williams to serve only your interests as the injured party. We have no hidden agendas! We guide you through every step of the claim process – right through settlement or trial. We educate you about your claim. We keep in close contact with you and work closely with your team of healthcare professionals who are helping you regain your health and wellness.  We ensure our clients are empowered to recover as best as possible from their injuries.

    For estate disputes, you can expect us to help you understand the options available to remedy an unfair will.  We work with our clients to enable a better understanding of what they are entitled to under BC Estate Law and to empower our clients to gain the benefits that they are entitled to from an estate. Then we guide our clients through the process of disputing a will and asking the court to change the will in accordance with the BC Wills, Estates and Succession Act.  We stand by our clients right through settlement or trial.

    For maritime law, you can trust us to identify key issues in this highly specialized area. Regardless if you are a humble boat owner or a major player in the province’s commercial fishing scene, League and Williams will always be there to lend its legal and technical know-how in the province’s maritime law industry.

    Here at League & Williams, we work with the our client’s interests at heart. Give us a call at 250-888-0002, email at info@leaguelaw.com or visit leaguelaw.com/contact-our-lawyers/ for a free consultation.

  • There’s a Will, but it Could be an Invalid Will

    There’s a Will, but it Could be an Invalid Will

    Being left out of the will of a close family member can be a shocking experience and may leave a person who was expecting an inheritance feeling betrayed.  Family relationships between beneficiaries of the will and those left disinherited can be incredibly strained.  Sometimes the revelations of a will come as a complete surprise and sometimes there are good reasons for the confusion and bewilderment – after all, just because a will exists, does not mean that it is valid or that it reflects the true wishes of the deceased.  What circumstances in British Columbia would make for an invalid will?  When should beneficiaries question the validity of a will and how can they contest it?

    In order for a will to be considered valid and binding, there are a number of factors that must be satisfied to meet the requirements of BC Estate Law and the Wills, Estates and Succession Act that came into effect March 31, 2014.  If these factors are not satisfied, the validity of the will may be contested in court, and there is a good chance the will would be declared an invalid will.

    Who Can Make a Will?

    Under British Columbia law, there are two factors that the person making the will (the testator) or having a will written on their behalf must meet in order for the will to be considered valid.  First, the testator must have been mentally competent during the time the will was made.  If a person is contesting the testator’s mental capacity at the time the will was written, that person will have to provide the court with medical evidence that supports the claim that the testator lacked mental capacity at the time that the will was made.

    Second, in British Columbia, the testator must be 16 years of age or older at the time the will was made.

    Who has to Witness a Will?

    If the testator is of sound mind and of legal age and makes a will, that will must be signed by the testator in the presence of two witnesses who must meet specific requirements.  The witnesses must sign the will as proof of their presences, and neither witness can be a beneficiary of the will, nor be a spouse of a named beneficiary of the will.  If a will is not appropriately witnessed, it may be declared invalid by the court.

    How does a person get a will declared invalid by the court?

    If a person has a legitimate reason to believe that the will that was left is invalid, it is important to seek legal advice.  A lawyer who is experienced in BC Estate Law can help identify legal problems with a will, effectively guide the client through the process of contesting the document in court and enable the client to get the share of the estate that they are entitled to. Contact us via phone at 250-888-0002 or via email at info@leaguelaw.com.

  • Quality Legal Services are a Function of Firm Values

    Quality Legal Services are a Function of Firm Values

    Have you been in an accident?  Have you been cut out of a will unfairly?  Do you have a marine issue that needs expert legal advice?  Looking for a law firm that puts your interests first?  A firm that knows the law and has a reputation for getting the best results possible?  When clients work with League & Williams they get a firm that is holistic, effective, competent, compassionate, and responsive.  Our clients get quality legal services and trusted advice from lawyers who care about them.

    We’re effective.

    Lawyers are only effective if they have the skills and experience to properly represent their clients’ interests during a settlement negotiation and at trial.  Most clients would prefer not to go to court if their claims can be resolved fairly through respectful negotiations, however, the ability to avoid trial is largely dependent on having an excellent trial record to rely on.  Because our trial record is second to none, adjusters and defence lawyers know that we mean what we say and can follow through.  Because we take the time to get to know you and make it a point to listen to your issues, we are able to find honest solutions that suit you and that juries find fair and reasonable if we have to go to court.  Our goal is to serve as your voice and do what you want us to do, not merely advise you about what we think will get you the most money.  Our goal is to get the best result possible from the perspective that matters: that of our clients.

    We’re competent.

    League and Williams has the knowledge and experience to handle tough cases and to push hard when respectful negotiations fail to achieve the desired result.  Although our primary area of practice is personal injury law, we also handle estate disputes, and operate the largest marine law practice on Vancouver Island.  Trying to cope with the consequences of an unfair will?  Are you being anchored down by a marine law issue?  Struggling to recover after an accident?  Come and talk to us, we provide free consultations.

    We’re compassionate.

    Legal problems leave many people feeling stressed out, anxious, and fearful.  It is only natural to experience these emotions when big decisions need to be made and there is uncertainty about what should be done.  We take the time to listen to our clients.  We support our clients every step of the way and are committed to getting them the best result possible.

    We’re responsive.

    We make it a point to respond to our clients as soon as possible, and seek to communicate with our clients on their terms, we will not hesitate to reach you when it is convenient for you to be reached. Contact us via phone at 250-888-0002 or via email at info@leaguelaw.com.  We will do what it takes to respond to your questions, requests, and concerns as soon as possible!

  • The LaW Team: Personal Injury, Estate, and Marine Law experts in Victoria, BC

    The LaW Team: Personal Injury, Estate, and Marine Law experts in Victoria, BC

    Established in August 2014, Victoria, BC based League and Williams (LaW) provides experienced, effective legal services in the areas of personal injury, marine law and estate litigation across British Columbia. LaW’s legal team of lawyers, and legal assistants led by principal Darren Williams has extensive litigation experience and delivers legal services with compassion and understanding.  The cornerstone philosophy of League and Williams is that clients should be enabled to have the best recovery possible and that fair and just settlements are the result of working collaboratively with the client and their care providers as a team.

    Darren Williams, lawyer & principal

    Darren Williams understands the real impact of the problems faced by his clients and arrives at the best resolution possible by providing an exceptional quality of legal services and advice.  Darren has a commitment and dedication to ensuring that his clients recover as best as possible – both physically and financially.  Darren believes that client satisfaction is the key to building and sustaining a leading personal injury firm in British Columbia.

    Aside from being a skilled personal injury lawyer, Darren also operates the largest maritime law practice on Vancouver Island and has written and published over 100 articles on maritime law issues.  Darren has been invited to speak and has presented on both maritime law and personal injury law issues at a number of conferences and events.

    Andrew Broadley, lawyer

    As a member of the LaW team, Andrew Broadley works collaboratively to ensure his clients receive a quality legal services and advice.  Andrew is committed to serving his clients’ interests, regardless of the legal challenge being faced and is dedicated to delivering results and trusted advice.

    Andrew was called to the British Columbia bar in 2016.  Prior to being called to the bar, he completed his articles under the supervision of Darren Williams, founding partner of LaW.  Previously, Andrew was a successful business owner who managed a chain of automotive service facilities before selling the business to a national chain to pursue the practice of law.

    Andrew practices collaboratively in the areas of personal injury law, and estate litigation.

    Andrew is a member of the Victoria Bar Association, the Canadian Bar Association and the Trial Lawyers of British Columbia.

    Matthew Melnyk, lawyer

    Matthew Melnyk is the newest member of the LaW team, continuing with the firm after completion of his articles under the supervision of LaW principal, Darren Williams in 2016.  Matthew is a hard working and dedicated lawyer who endeavours to work collaboratively with his clients and the rest of the LaW team to deliver the results his clients deserve.  Matthew believes working collaboratively to ensure that clients receive quality legal services and advice that they are satisfied with is key to succeeding in the practice of law.

    Matthew practices collaboratively in the areas of personal injury law, estate litigation and marine law.

    Matthew is a member of the Victoria Bar Association, the Canadian Bar Association and the Trial Lawyers of British Columbia.

    Legal Assistants and Support Staff

    In addition to the lawyers who practice at LaW are the team of legal assistants and support staff who enable our lawyers to deliver exceptional services to our clients.  Every member of the LaW team is detail-oriented and committed to our clients and their satisfaction and works to ensure that every client’s case gets the attention it deserves to get the best resolution possible.

  • League and Williams Makes Westside Village, Victoria, BC Home

    League and Williams Makes Westside Village, Victoria, BC Home

    League and Williams opened its doors in its Westside Village location in August 2014.  With expertise in personal injury law, estates disputes and marine law, the lawyers and staff of League and Williams are proud to call suite 210, 174 Wilson Street home.  Located in the Westside Village Shopping Centre, our office space was chosen with both our clients and our staff in mind – there is ample parking, a grocery store, medical offices, a bank, the Galloping Goose trail, a fitness facility, cafes and restaurants all nearby and the office is a short distance from Downtown Victoria.

    Our offices are equipped with cutting edge technology that enables us to serve our clients across British Columbia better – our electronic file system enables us to manage your file efficiently and effectively and improves access to information when and where it is needed.  The electronic file system also enables us to minimize our carbon footprint, enabling more environmentally friendly legal services.  An added benefit of our electronic system is that we are able to keep our clients up-to-date on the progress of their file at all times.  Further, our video conferencing facilities enable us to serve our clients across British Columbia and makes us a leader in tele-legal services.

    At LaW we value our clients and are proud of the legal services we provide in the areas of personal injury law, estate law, and marine law.  Feel free to browse the rest of our site for more details about who we are, and how we practice.  Check out our lawyers’ profiles.  If you have a personal injury, estate law or marine law problem – feel free to contact us by email at  info@leaguelaw.com, by phone at (250) 888-0002, or drop into our Westside Village Offices.  We offer free consultations and are here to help you – in many cases we do not get paid until you do.  If you are already represented, but unsure of your situation, we will gladly give you a second opinion regarding your rights.