When a loved one passes away, or loses the ability to make decisions for themselves, it’s sadly common for legal disputes to result.
Whether you’re an executor facing challenges from beneficiaries, a child or spouse treated unfairly in a will, or you just have concerns about how a loved one’s affairs are being managed, we can help. quote from mcbop.com/ our-practice-areas/estate-litigation/ 2022.05]
If you have been treated unfairly by a deceased parent or spouse under the terms of his or her will, consider obtaining the advice and assistance of an experienced estate litigation lawyer. Wills can be varied by the court to ensure adequate, just and equitable provision for a spouse or child of the deceased.
A child or spouse of a person who dies leaving a will can challenge the provisions of will and seek a variation pursuant to the Wills, Estates and Succession Act (2014) .
The court will consider whether, in all of the circumstances, the deceased person (testator) made adequate provision for the claimant under the terms of the will. The considerations are wide and varied, but they include the nature of the relationship between the testator and the claimant, the size of the estate, and the relative needs of the other beneficiaries to the will.
Claims must be made within 180 days from issuance of probate of the will.
Probate is the process in which the executor of the will probates or proves the will to the court. If a child or a spouse is not satisfied that the will makes adequate provision for him or her, legal advice ought to be obtained promptly so that legal action, if warranted, may be commenced in a timely way.
MICHAEL R. MARK, BA, LL.B.
Preferred areas of practice: civil litigation, creditors' remedies, estate administration, estate litigation.
Michael Mark has extensive experience in both civil litigation and in criminal litigation as a former Federal prosecutor in complex tax evasion prosecutions.
Michael has practiced in Victoria since his admission to the Bar in 1991 and he became a principal at McConnan, Bion, O'Connor & Peterson Law Corporation in January 2000. He is also a past executive member of the Victoria Bar Association.
MICHAEL MARK, LLB - Estate Litigation / Wills Disputes Lawyer
Senior partner
McConnan Bion O'Connor Peterson Law Corp.
Suite #420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone 250-385-1383
Toll free 1-888-385-1383
E-mail: mmark@mcbop.com
Web Site: www.mcbop.com/ lawyer/michael-r-mark/
Street Map: down town Victoria location near Court House
see also
Representation Agreements vs Powers of Attorney
DIRK RYNEVELD, K.C.
Dirk currently has a varied litigation practice advising both private and government clients on administrative law and civil litigation issues. He is primarily engaged as senior external counsel for the Civil Forfeiture Office of the BC Ministry of Justice.
His areas of practice include:
·
Civil Litigation
·
Creditors' Remedies
· Medical Malpractise www.mcbop.com/our-practice-areas/medical-malpractice/
·
Estate Litigation https://www.mcbop.com/our-practice-areas/estate-litigation/
Dirk Ryneveld, KC joined the firm of McConnan Bion O'Connor & Peterson in Victoria as Associate Counsel in June 2009, after a six-year term as Police Complaint Commissioner for BC. Prior to that, Dirk was a Senior Trial Attorney from 1999 - 2003 at the International Criminal Tribunal for the former Yugoslavia at the Hague, where he conducted several war crimes trials and also was lead counsel for the prosecution of the Kosovo component of the Slobodan Milosevic trial.
He has also appeared at all levels of court in British Columbia and the Supreme Court of Canada, as Deputy Regional Crown Counsel from 1974 - `1999. Dirk was appointed as Queen's Counsel in 1990.
DIRK RYNEVELD, K.C.,
McConann Bion O'Connor & Peterson Law Corp.
Suite # 420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone: 250-385-1383 Toll free: 1-888-385-1383
Web Site: www.mcbop.com/lawyer/ dirk-ryneveld-qc
Street Map: downtown Victoria location near Court House
This information is prvided courtesy of the wills & estates lawyers at McBOP.com
Must be in a form that meets prescribed signing and witnessing requirements
Must be in a form that meets prescribed signing and witnessing requirements
For more information on the above services go to www.mcbop.com/ our-practice-areas/ wills-trusts-and-incapacity-planning
nb. The Capital Regional District, CRD, includes the Municipalities of: Central Saanich / Colwood / Esquimalt / Highlands / Langford / Metchosin / North Saanich / Oak Bay / Saanich / Sidney / Sooke / Victoria / View Royal (on southern Vancouver Island) and they in turn ar part of the Electoral Areas of: Juan de Fuca, Southern Gulf Islands, and Salt Spring Island. (see [www.crd.bc.ca/govlink.htm for more information]
BARRI A. MARLATT, LLB
Wills disputes lawyer with Hutchison Oss-Cech Marlatt
- Were you overlooked?
- Is there something specific that you think you should have been entitled to?
- Was someone else unreasonably enriched?
- In some cases the law entitles you to question a bequest, or indeed a complete will.See more wills information at our web site: hom-law.com/ practices/ estates/
BARRI A. MARLATT,
Hutchison Oss-Cech Marlatt,
Barristers & Solicitors
#1 - 505 Fisgard Street,
Victoria B.C. V8W 1R3
Phone: (250) 360-2500
Toll Free: 1-866-887-4878
Profile on HOM-law.com hom-law.com/ lawyers/ barri-a-marlatt/
The information provided on Willsdisputes.com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered.
Lorenzo Oss-Cech, BSc. LLB. wih Hutchison Oss-Cech Marlatt law firm, on Estate Planning & Wealth Managment:
"... Whether you wish to maximize the amount your children receive, or at the other extreme, disinherit your children completely, a well thought out estate plan can help.
Estate Planning includes the planning of the orderly transmission of assets, for example a business or a summer home, during a lifetime or on death. It also includes planning for possible incapacity.
The benefits from such planning include the possible reduction in taxes paid during your life and on death, the mechanisms to guard your estate and protect you during incapacity or the proper protection of dependent or disabled relatives.
... "
Our services include:
LORENZO OSS-CECH,
Hutchison Oss-Cech Marlatt,
Barristers & Solicitors
#1 - 505 Fisgard Street,
Victoria B.C. V8W 1R3
Phone: (250) 360-2500
Toll Free: 1-866-887-4878
Profile: https://www.hom-law.com/ lawyers/ lorenzo-g-oss-cech
CHARLOTTE SALOMON, KC
RETIRED Dec. 2023
Principal of McConnan Bion O'Connor Peterson, where she practised from 1996-2023 .
REID FRASER, B.Sc., LL.B.
Reid works in both the litigation and solicitor practice groups of McConnan Bion O'Connor Peterson Law firm.
Awards: Top of Class, Contract Law, James Cook University (2014) https://www.jcu.edu.au/college-of-business-law-and-governance/law
Since being called to the Bar in early 2018 Reid has represented clients at all levels of court in British Columbia and has trial experience in both the Provincial Court and Supreme Court of British Columbia.
Practice Areas
REID FRASER,
Principal
McConnan Bion O'Connor & Peterson Law Corporation
Suite #420 - 880 Douglas Street,
Victoria, B.C. Canada V8W 2B7
Phone: 250-385-1383 Toll free: 1-888-385-1383
Email: rfraser@mcbop.com
Web Site: http:www.mcbop.com/ lawyer/ reid-fraser
Street Map: down town Victoria location near Court House
PAUL SCAMBLER, BA, LLB, KC
" ....practiced law [in Victoria, BC] for more than four decades with extensive work in secured transactions, wills and estates, elder-care law, real property, and dispute resolution.
During his law practice he advised numerous businesses and non-profit organizations in Canada, including faith-based organizations and social services organizations.
He is a member of the Law Society of British Columbia (non-practicing as of 2021)" [above quote from www.lampion.bc.ca 2022 May 13]
Frank Baily, after 40 years service has retired from his Burnaby, BC based Metrotown practice, which included wills litigation and business litigation.
"Effective May 31st, 2021, Frank Baily [formerly with the Baily McLean Law Group, offices in Metrotown Metrotower 2] has retired. The law firm of Chee Dusevic has taken over the practices of Frank Baily." see also www.cheedusevic.com
Chee Dusevic
2388 - 4720 Kingsway
Burnaby, BC
V5H 4N2
Phone:604 431-8368
BC Government Web Info.
https://www2.gov.bc.ca/gov/ content/ life-events/death
"Find out what to do when someone dies. Learn how to register a death in British Columbia and order a death certificate. Get information about wills and estates."
https://www2.gov.bc.ca/gov/ content/
life-events/death/wills-estates
"A will is a legal document left by someone who’s died. It lets the court know what to do with that person’s estate
A will often needs to go through probate – a process that ensures the will is real and was left by the deceased.
It’s recommended that you use a lawyer if there are questions about the validity or interpretation of a will."