our Services

Estate Litigation

Helping You With

Defending Claims

Our litigation team assists clients in both challenging and defending estates, committeeship applications, and situations involving misuse of powers of attorney.

Johnston Franklin Bishop

How We Can Help

We are experienced in assisting parties who have been treated unfairly under a will, and in defending claims against estates.

Estate Litigation

Lawyers

Stuart Cappus

Lawyer

Estate Litigation

FAQs

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What are the main things to know for estate planning?

Each estate plan is unique depending on your circumstances. You should consider your estate plan as a whole including a will but also joint ownership and beneficiary designations. You should also consider appointing an attorney to handle finances while alive, a representative for health care decisions and an advance directive to die with dignity.

Blog Posts

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Wills & Estates

Estate Litigation

How Intentions Can Influence Court Decisions in Estate Disputes Regarding Assets Held in Joint Tenancy in British Columbia

In British Columbia, if an asset in joint tenancy is meant to be a gift after death, this intention must be clearly documented. Otherwise, a beneficiary who doesn’t benefit from the transfer could successfully challenge the asset as being part of the deceased’s estate. The intention to make a gift of an asset held in joint tenancy can be documented through a deed of gift, through other written evidence, or included in the will.

September 6, 2024

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Wills & Estates

Estate Litigation

What is the Public Guardian and Trustee? (British Columbia)

The Public Guardian and Trustee operates under provincial law to protect the legal rights and financial interests of minor children, to act for adults incapable of financial and personal decision-making, and to administer the estates of deceased and missing persons where there is no one else able to do so.

July 23, 2024

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Wills & Estates

Estate Litigation

Probating a Will – Suspicious Circumstances – Testamentary Capacity

Suspicious Circumstances – Testamentary Capacity: To help reduce the exposure to the risk that one’s will and desired disposition of their estate is overturned or modified due to a determination of a lack of testamentary capacity, it is essential that one’s estate plan be planned and executed with the help of an experienced wills & estates lawyer

July 8, 2024

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Estate Litigation

Wills & Estates

What Happens if a Beneficiary Dies?

The death of a beneficiary named in your will can impact the way in which your estate is distributed. The nature of the impact will depend on the terms of your will.

June 11, 2019

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Estate Litigation

Is My Will Still Valid After Separation or Divorce?

If your will appoints your separated or former spouse as the executor, they would be passed-over in favour of the alternate executor.

June 18, 2019

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Estate Litigation

I have Separated from my Spouse. Can I make a New Will?

If you and your spouse separate, you can make a new will before you have finalized your divorce and other related matters such as property division and support.

July 2, 2019

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