Contesting Wills

At McQuarrie, we have extensive experience helping our clients with every aspect of wills and estates law. Wills are highly complex legal documents that are governed by many different legislative acts and principles of common law. Our lawyers can help you navigate all of the regulations, so that you can best understand your options.

Our firm has a proven track record disputing wills that are improperly created, filed, and/or administered by the executor. On the other side, we can also help our clients to negotiate and settle disputes with friends and relatives over a will that they drafted, or that they are administering as the Executor. Contact us for a private consultation, here.

When Can You Contest a Will?

If there is doubt about the way the Will was created, it may be vulnerable to legal proceedings. If a Will is successfully challenged and declared invalid (and the person who died did not have a previous Will) then his or her estate can be distributed according to the intestacy provisions of WESA or other legislation.

Challenging a Will requires it to be Probated, at which point it will be declared either valid or invalid, unless a settlement is negotiated between the conflicting parties. Our legal team has experience with this entire process. We can help you determine if there is an issue, file a dispute, handle any negotiations, and represent you if it is taken to court.

We are able to advise and represent you in all matters related to challenging a Will, including the following:

  • If you have concerns about whether a particular Will was signed or witnessed properly;
  • If you have concerns that the will-maker or “testator” did not know or approve of the contents of his or her Will;
  • If you suspect that a person’s Will was created under suspicious circumstances and you need help to determine if the Will is valid;
  • If you suspect a Will was made while the testator was under the influence or control of another person and you need help to determine if the Will reflects the testator’s true wishes; and
  • If you think that a person made his or her Will when he or she was mentally incapable or lacked the mental capacity to make the Will and you would like to challenge the Will on that basis.

Contact Our Will & Estate Lawyers

Our lawyers ensure that our clients get the legal advice and representation they need when they are involved in a dispute over a Will. If you need assistance or a consultation on a potential dispute, our lawyers at McQuarrie are ready to help.

Phone: 604-581-7001

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