SOURCE: Kushner Law

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May 27, 2016 17:56 ET

Vancouver Litigation Lawyers Explain Time Limits to Contest a Will

Vancouver Litigation Lawyers Outline the Time Limit to Challenge a Will in BC in Online Article

VANCOUVER, BC--(Marketwired - May 27, 2016) - Kushner Law Group, a group of litigation lawyers in Vancouver, has chosen to address one of the most frequent questions they hear -- how long do I have to contest a will? For more, go to: http://kushnerlaw.ca/how-long-do-you-have-to-contest-a-will-in-bc/

The Wills, Estates and Succession Act ("WESA"), which is the law governing wills variation claims in British Columbia, sets out specific time-lines that must be complied with if a disinherited or unsatisfied spouse or child wants to challenge a will.

The Act states:

61 1 (1) A proceeding commenced by a person claiming the benefit of this Division must not be heard by the court unless:

(a) the proceeding is commenced within 180 days from the date the representation grant is issued in British Columbia

(b) a copy of the initiating pleading or petition has been served on the executor of the will no later than 30 days after the expiry of the 180 day period referred to above

(c) unless the court, before or after the expiration of the 30 days, extends the time for service, and;

(d) if there are minor children of the will-maker, or if the spouse or a child of the will-maker is mentally incapable, a copy of the initiating pleading or petition has been served on the Public Guardian and Trustee.

WESA requires all challenges to be commenced within 180 days from the date that the representation grant is issued. However, there is case law in British Columbia that states the 6-month limitation does not preclude the commencement of an action before probate is granted.

It is often advisable to take action as soon as possible, so there is no unnecessary delay in beneficiaries receiving assets if the case can be settled by agreement.

If you feel you have been unjustly disinherited or treated unfairly by a sibling or parent, it's advisable to consult with a litigation lawyer as soon as possible. A professional will help you to understand your recourses and rights. Contact Kushner Law Group 604-629-0432 or schedule a complimentary consultation.

About the Company

The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.

For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.

Contact Information

  • Kushner Law Group
    Lars Kushner
    Phone 604-629-0432
    Fax 604-689-4451

    Company website: http://kushnerlaw.ca/
    1008 Beach Ave #105