We understand that when a loved one passes away, it is one of the most stressful and emotional times in your life. Dealing with the necessary legalities can make things even more difficult. At this time, you need compassionate but effective representation.
Many issues can arise that require careful consideration. With an effective lawyer on your side, you can make better decisions and choices whether you are the executor of a will or a beneficiary under a will.
This is a complex area of the law requiring an assessment by your lawyer of both the law and equitable interests of “fairness”. For example if a person has provided assistance to your deceased loved one that has enriched the estate, they may be able to claim that a “trust” has been created entitling the person to a finding that they are entitled to a greater share of the estate. There may be an issue of trust or competence raised about the administration of the will. Perhaps the trustee should be removed. The will-maker may have been the victim of undue influence. Was someone in the background in a position of trust abusing that position to secure an advantage in the disposition of the estate? Is there an issue with the mental capacity of the will-maker? Can and should this be challenged if the will seems unfair? Is there a person with a power of attorney who has abused their power? Is there a suspicious gift? Is there a lifetime transaction that was actually a loan? We can help you answer these and many other questions with an assessment of your situation and we can provide you with advice as to whether any of these issues should be explored further.
One issue that can arise is the consideration of whether a will should be challenged or whether a challenge should be defended. We can help and clearly explain the grounds for the challenge of a will and help you come to the best assessment of this question and guide you through any legal issues that arise so that you can focus on what is most important: yourself and your family at a time of loss.
Another major issue may arise when a child or a spouse seeks to have a will changed or “varied”. Many factors can come into this assessment. These include the nature and size of the estate and the subjective relationships involved as well as the rights and considerations that apply to the named beneficiaries under the will. We consider the full relationship and the financial realities when we assist you with these decisions.
We look forward to hearing from you and presenting you with our assessment of your options and providing you with our solution-based recommendations.
