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What is Estate Litigation?

Estates & Trusts | November 19, 2020

Since legal issues surrounding estates can often be time consuming and combative, hiring a wills, trusts, and estates lawyer to handle your case will help ensure that the entire process goes as smoothly as possible. If you are unsure about what estate litigation is and whether or not it is in your best interests, consulting with the professional lawyers from Linley Welwood will help ensure that all of your questions are thoroughly answered.

What is Estate Litigation and How Does it Work?

Estate litigation refers to legal proceedings in which disputes related to the assets of someone who has passed away are resolved. In most cases, these proceedings focus on determination of the validity of the will, issues of testamentary capacity or undue influence, and challenges made to have a will varied or declared void. Estate litigation can also deal with challenges against others interfering with a person’s assets before they have passed away.

Litigation is a lawsuit that is started by filing a Notice of Civil Claim with the court. While estate litigation can result in the challenges being presented in a trial, an experienced lawyer can help you negotiate a settlement before the trial, saving you time and money in the long run.

Do You Need a Lawyer for Estate Litigation?

Since estate litigation can be very technical and usually involves complex court procedures and legal concepts, hiring a lawyer who is well-versed in estate litigation is in your best interests. A reputable wills, trusts, and estates lawyer will be able to provide you with expert advice and will be able to guide you through the entire legal process, making it as stress-free as possible.

Things to Consider About Estate Litigation

Some of the things to consider before deciding to challenge a will include:

1. Time Limits

In most cases, there is a limited time in which you will be able to contest a will. This means that, if you do not file with the court in the specific time frame, you may not be able to bring an action. A lawyer will be able to review the specifics of your case and provide you with the best strategy and advice on when to file the suit.

2. Overall Cost

It is important to keep in mind that estate litigation, like all litigation, can be very expensive, especially if the case goes to trial. Make sure to take into consideration how much money you are willing to spend on the case and whether or not contesting the will is in your best interests. A capable and experienced lawyer can also help you resolve a dispute either before trial or outside of the litigation process altogether.

3. Alternative Dispute Resolution Options

While going to trial is an option, it is not always necessary. A reputable lawyer will strive to help you find a solution that works for all parties involved, such as mediation, which can help preserve your claim without the time and stress associated with going to trial.

If you would like to learn more information about estate litigation, or if you are interested in our legal services for wills, estates, and trusts, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on our website.


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