What if Probate is In Dispute?

By Jesse McComb


Probate in dispute occurs if there is some form of dispute with regard to probate in British Columbia. For such a contestation to be given credence, there have to be grounds on the legitimacy of a will or the justness of the distribution of the assets. A contentious probate involves an arduous and a complicated procedure that is best done with the help of an attorney who knows the ins and outs of probate law in the province of British Columbia. There is a plethora of provisions located in the B.C. Wills Act that dictate exactly who has the right to contest a will, when this can occur and the right procedures to obey.
The first step is to determine if you have a contentious probate circumstance on your hands. If you seriously believe that this applies to your situation, you ought to make haste and see an experienced probate lawyer in the province. Such an attorney is going to have the expertise it takes to aid you in figuring out for sure if you have the right to make a contentious probate challenge. A lawyer is an expert at helping you figure out not only if you have a basis for a contestation, but also whether it is going to be worth both your time and money to pursue it!

If your probate attorney such as a BC estate lawyer or Fraser Valley estate probate lawyer decides that you do have a case and that it will be worth both your time and money, the next step is to file the actual dispute. Your attorney is going to take care of all the required paperwork as well as gather the needed proof to aid in supporting your contestation. Of course, during a contentious probate where you are challenging the will, it is up to you to prove the assertions of either influence or invalidity.

It's also imp
If your probate attorney such as a BC estate lawyer or Fraser Valley estate probate lawyer decides that you do have a case and that it will be worth both your time and money, the next step is to file the actual dispute. Your attorney is going to take care of all the required paperwork as well as gather the needed proof to aid in supporting your contestation. Of course, during a contentious probate where you are challenging the will, it is up to you to prove the assertions of either influence or invalidity.

It's also important to note that a contested probate may end up sorted outside of court. This means that you could reach a settlement, negotiated by your British Columbia probate lawyer, instead of heading to court. However, if a settlement falls through, it is off to court for you.

A probate in dispute is a complicated as well as time-involving legal challenge that is best handled by the experienced hands of a skilled probate lawyer in British Columbia. If you really believe that you have the grounds to challenge a will, you should talk to a probate lawyer as soon as you can. This expert in the field is going to be in a position to help you come to a decision with regard to pursuing the contestation or not.




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