Penny Paul (Jack Andersen Retired)
Estate Litigation
Sometimes a client is not happy with the way things turn out after a loved one dies. Often something can be done about it. Under the Wills, Estates & Succession Act spouses and children can apply to the court to change the Will. If the Will is signed when the testator was vulnerable and under undue influence or incompetent, the Will might not be valid. Gifts made by elderly and/or vulnerable persons might be more akin to theft than gifts. Sometimes these can be set aside. For interesting reading review the following case that Jack Andersen and Penny Paul successfully argued to recover close to a million dollars for a family whose elderly father just prior to his death had his entire estate stolen by a Con artist: http://www.courts.gov.bc.ca/jdb-txt/sc/98/07/s98-0760.txt Tip – If you are not happy with your share of the estate or think there has been wrongdoing, act quickly to take advice. The limitation date on a Wills Variation Action is 6 months from the grant of probate.
|