Disputes over estates can be an emotionally draining experience. Many intangible factors tend to be present in estate matters. Hurt feelings can be hard to overcome and can be severe stumbling blocks in a settlement. These sentiments can be fueled by a lack of trust or simply as a result of ineffective communication between parties, which can simmer and boil over into emotionally-charged disputes and litigation.

A competent estate litigation lawyer is able to guide clients away from the emotional aspects of the dispute and direct them towards its resolution, often through non-litigious routes such as mediation. Not all family disputes can be avoided, particularly where complex emotions or significant imbalances are involved. However, estate litigation lawyers, through open discussions, can take measures to minimize the need for litigation in court, or at the least reduce the scale of issues at an early stage, and save already tense family dynamics from deteriorating further.

Consider the following scenario: Sandra, a wife and mother of two daughters, June and Rose, died, bequeathing her possessions to her surviving husband, as well as both her daughters. Each daughter was bequeathed $40,000. Sandra also divided her jewelry between her daughters. 60% to June, her eldest daughter, a married 28-year-old with children, and 40% to Rose, her youngest daughter, an unmarried 19-year-old without children. Among the jewelry Sandra bequeathed to June, was a ring that Sandra’s husband had gifted Sandra at the time Rose was born. The ring was set with the birthstone of Rose’s birth month.

Since the birthstone mounted on the ring was aligned to her birth month, Rose expected to inherit it as an heirloom, which she could pass on to her own descendants. Although the $500 ring itself was of relatively low intrinsic value, it carried great sentimental value for Rose. June also felt that she was the intended beneficiary of the ring as her own child was also born in the birthstone month. She believed this was the reason Sandra had seen it fit to bequeath the ring to her.

Their surviving father, who was the Executor of Sandra’s Will, was not certain of how to resolve the intensifying dispute between his two daughters. All three of them decided to seek legal counsel to find resolutions to this dispute. Through the help of estate litigation lawyers and hours of informal discussion, an out of court settlement was reached in which Rose offered to put forward $5,000 towards a college fund for June’s daughter in exchange for inheritance of the ring. All three of them found the outcome of the negotiation mutually beneficial and satisfying.

While the Wills, Estates and Succession Act of British Columbia has provided provisions for Wills to be challenged, varied and cured of deficiencies, court proceedings can be very stressful and cause anxiety that can take a toll on individuals and family relationships. Court proceedings can also be financially expensive, as costs such as expert witness and lawyer fees and even travel expenses may quickly add up, putting pressure on parties and on the finances of the estate. Time is another disadvantage of court trials. Parties may spend hours away from work to attend court proceedings which may be further drawn out if decisions are appealed.

Family disputes can be a very private matter, and litigation in court will result in information becoming public, which may be uncomfortable for parties who would like to maintain the privacy of their family affairs. During informal dispute resolution, such as mediation, clients are assured that the process is completely confidential and that anything that is said or admitted cannot be used against them at a later date. The fact that there will be no public record of the mediation may provide some clients with the comfort to say things that would otherwise have remained unsaid. The opportunity to participate in open and frank discussions may be the key to resolving outstanding issues that might not otherwise be addressed in the litigation process.

Helpforme, the Personal Legal Services division of Hammerberg Lawyers LLP, has extensive knowledge of Wills variation law and provides clients with the impartial legal counsel they need to help them through emotionally-charged disputes.

Helpforme offers a free consultation and will work quickly to determine whether you have a valid claim under the law. The firm has a uniquely personal and empathetic client approach, which emphasizes guiding people through a difficult and emotional dispute and leading them through a resolution process to restore their sense of justice. The Helpforme team also assert that not all estate disputes need to involve litigation – <a href="https://www.helpforme.ca/estate-litigation/">Helpforme estate litigation lawyers</a> are also experienced negotiators and can often find amicable solutions among beneficiaries that, if desired, can unite divided families.

As for legal fees, Helpforme takes a personalized approach depending on each client’s situation and where possible, takes claims on a contingency basis. Helpforme’s estate litigation group focuses on assisting people in a process that is too complex to resolve on their own while keeping their best interests in mind and adding value every step of the way.