Estates and Trust Litigation

When you are faced with a dispute about a loved one’s assets, will or estate, partnering with our dedicated lawyers who take pride in creatively resolving such disputes is critical to achieving the best outcome. Families, unfortunately, can become embroiled in disputes and disagreements as parents or loved ones age or become vulnerable, and also following death. Recognizing that these can be trying times, we bring our decades of knowledge and experience to act in your best interests.

Estates and Trusts Disputes

These disputes arise in circumstances that may be highly emotional, among those with close relationships or at a time of grief at the loss of a loved one. You will benefit not only from the expertise but also from the personal attention of our dedicated team of lawyers to the details of your particular circumstances, both of which you need to successfully resolve your dispute. We bring a team approach working with you to achieve the best results for you; but, first it starts with a conversation. Book your consultation and speak with one of our Estate Litigation lawyers. We will listen to you, then explain the legal issues that apply to your situation and discuss with you the options for proceeding. We will develop a strategy with you that it tailored to your specific circumstances, and hold your hand as we work through the process for achieving your best outcome.

Our Specializations

Following the death of a loved-one, disputes often arise from your loved-one’s Will. A will can be challenged in British Columbia for many reasons. McQuarrie can assist in disputes involving whether a document is a Will, whether a Will is valid, interpretations and rectification of a Will, and, whether a Will is fair in distributing the estate.

After a loved-one’s death or loss of capacity, your loved-one’s assets may be improperly transferred or utilized. McQuarrie can assist you in reversing invalid asset transactions and in the return of improperly utilized assets.

Loved-ones sometimes lose the capacity to make financial and personal decisions for themselves. McQuarrie has decades of experience in court-approved guardianships, called committeeships, wherein someone is appointed to step in and make decisions for your loved-one.

Other Services

  • Attacking or defending Trusts

  • The role and conduct of trustees

  • Trust accounting

  • Estate Accounting

Common Reasons to Reach Out

Trust Disputes

Trusts can arise without an express trust document. Knowing how and when to use equitable trust claims to your benefit is a skill in which our team has extensive knowledge and experience.

Wills Variation

A will-maker has a statutory obligation to make adequate provision for his or her surviving spouse – married or common-law, and children – including adopted children (but not step-children). If he or she does not do so, the Court can vary the distribution of the will-maker’s estate from the distribution set out in the Will.

Challenging Validity of a Will

If there were suspicious circumstances surrounding the making of the Will, such as a Will-maker being unduly influenced or lacking capacity to make the Will, an otherwise properly executed Will may be successfully challenged.

Decision-making for a Loved-One

If you have concerns about your loved one’s mental capacity to take care of his or her personal and financial affairs or concerns about your loved one’s vulnerability to others, the courts can intervene to place a guardian in charge of your loved-one’s finances and person.

Contact Us

Contact Us

All families are unique and so too are the circumstances involving their disputes. We cannot list all of the circumstances that may apply in the myriad of situations that we have addressed over the years but here are some examples. Should any of these circumstances apply to you, please do not hesitate to contact us.

Key Contacts

Our Lawyers

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