LEGAL ADVICE TO MANAGE ESTATE DISPUTES IN ALL OF ALBERTA
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Despite planning your estate affairs in advance, problems can still arise. Estate disputes usually involve family and can become highly contentious. This can result in costly legal bills and ruined family relationships. William K Horwitz Prof Corp provides effective legal services to help you resolve complex estate matters involving your family.
With estate values increasing and family dynamics becoming more complex, litigation is the most common route taken to resolve issues. It is wise to seek the legal advice of a lawyer to manage your estate matters regardless of how prepared you are. The last thing you would want to do is to fight a long drawn-out legal battle with your family while you grieve the loss of a loved one. We will help you through the process and strive for a favourable outcome. Book a consultation today to discuss your estate matters.
COMMON ESTATE LAW CONCERNS
Estate disputes can be stressful and time-consuming. It is important to understand what areas can lead to litigation easily. In estate matters, the most common areas of concern include:
After death, some family members may find issues with the terms of a will and can challenge its validity in court. A successful will challenge can render the terms of the existing will invalid. The grounds on which a will can be challenged can be because the document does not meet the formal requirements of a will according to the law, the deceased individual was mentally unfit to create a will or if undue influence was exercised by a third party on the testator.
If parents transfer property rights or assets to their child prior to death, it may lead to a presumption that the child was holding the assets in trust for the parent instead of having legal ownership. The child must then prove that this exchange was indeed a gift in order to retain ownership of that property. Failing to do so would involve the property being distributed as a part of the estate.
A will's terms can be challenged if it is found to be inadequate for the needs of a spouse or children. The court can be requested to vary the provisions of the will in their favour. The court may agree to vary the will after considering numerous factors, or it may uphold the provisions set by the testator for reasons such as mistreatment by an adult child or abandonment by a spouse.
WE ARE HERE TO HELP
We can handle your estate administration’s legal needs and take care of all the paperwork and filing of documents. Although estate matters can be complex, we are well-equipped to handle all the challenges and bring about the most favourable outcome. Some of the aspects covered in our estate law services include:
