Unfortunately, it is not uncommon for disputes to arise among family members after a loved one has died. In some circumstances, loved ones will leave a will or arrange their financial affairs in such a way that not all family members are treated equally. In other cases, an individual’s capacity and independence may have diminished to the point that questions arise about their true intentions and last wishes. Our estate litigation department has considerable experience in disputes involving wills variation and the validity of wills, including disputes involving mental incapacity and undue influence. Hamilton Duncan will seek to resolve your case as quickly and efficiently as possible, working closely with you to achieve a satisfactory outcome.
We understand the sensitive nature of estate litigation disputes, which often bring long-standing tensions between siblings or other family members into the open. To best serve the unique needs of each client, we work through the court system, mediation services, or government agencies, as appropriate. We work diligently and creatively at all stages of the legal process to protect our client’s rights and achieve their goals.
Our estate and trust litigation team has the expertise and experience needed to handle complex cases involving wills, estate, and trust litigation disputes. As one of the few firms in the Fraser Valley with a dedicated estate litigation department, we have a range of experience in trial and mediation, and we work alongside our estate planning and probate lawyers to identify and create the best possible resolutions.
If you have any concerns regarding a will, estate, or trust, contact us to schedule a consultation. Our team commonly represents clients in:
Challenging and defending the validity of wills and estate plans including:
- Undue influence
- Incapacity claims
- Resulting trust claims
Wills variation claims including:
- Disinherited spouses and children
- Beneficiaries seeking to uphold the testator’s wishes
Estate Administration disputes including:
- Preservation of assets
- Breach of fiduciary duty claims
- Breach of trust actions