Horne Coupar, Victoria, BC

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Home Practice Areas Challenging & Defending Wills

Sat,29Apr2017

Challenging & Defending Wills

Horne Coupar’s lawyers have the expertise to represent individuals who are involved in contentious estate matters related to wills, trusts and estates. We have a wealth of experience in resolving these often highly emotionally charged matters either by negotiation or mediation. When these options are not appropriate, our litigation team is adept at taking matters to trial.

We act for those who believe they have been treated unfairly under a will, and assist those who are defending a will from such challenges. We understand the role that executors play in this type of litigation, and ensure that their obligations are met.

We also have extensive experience when it comes to assisting beneficiaries or executors with disputes over the validity of a will, including questions about the mental capacity of the will-maker (the “testamentary capacity”), and whether the will-maker was coerced or influenced to make the will (“undue influence”).

Sometimes, the dispute is not about the gifts under the will, but rather the administration of the estate. For instance, there may be unreasonable delay in making a distribution, or dispute over the fees claimed by an executor. We act for beneficiaries and executors in dealing with such problems.

Our lawyers are leaders in this field, and all volunteer their time to advance continuing legal education, either by writing, lecturing, or mentoring.