Wills and Estate Litigation

Our office provides comprehensive estate planning services.  This can often include much more than simply preparing your Will.  It will also include a review of the assets which won’t be distributed by your Will, such as those which pass by survivorship (like real estate owned joint tenancy) or to designated beneficiaries (such as life insurance or many RRSPs).  MHW can help you get organized to avoid any controversy or challenges to your last wishes.

But what happens when someone dies without a proper estate plan, or when a surviving spouse or child does not feel the results are fair?  BC has wills variation legislation which permits a Will to be challenged by an unhappy spouse or child.  As well, some assets of the deceased may be subject to claims based on a claim of a “resulting trust” or otherwise arising out of unrepaid contributions made during the deceased’s lifetime.

Tim Watkins has acted extensively in this field, having dealt with dozens of wills challenges and having successfully litigated a number of high-profile court cases.  MHW has fought for disinherited children and spouses who have been able to obtain a fair share which the court determined was owing to them.  We have also acted on the other side, defending the deceased’s wishes by having unfounded variation claims dismissed.

Give our office a call if you would like to discuss a potential wills and estates claim with Tim.  For many matters we can offer a free initial consultation and deferred payment arrangements.  The law in this area can be tricky, and it pays to have good legal advice from the outset.