We are adept at handling all of the following issues involving undue influence and questions concerning the capacity of testators:
- You believe someone is mentally incompetent to make their own decisions and want to have someone appointed as a guardian to help them
- Attacking or challenging a will because you believe the testator was subject to undue influence when it was drafted
- An unfair bequest has been made to someone who has recently exerted improper influence over the testator
- A recent disinheritance occurs that seems to be contrary to the history of the relationship between the testator and now-excluded beneficiary
One of the most heart-wrenching and delicate issues in a will challenge involves situations where allegations arise involving undue influence on a testator with diminished capacity. If you believe an invalid will has been executed because these circumstances have occurred, or this situation also supports a larger claim of elder abuse, it is critical to seek out a lawyer who can help you rectify the situation and protect the vulnerable person’s wishes and well-being.
At the Vancouver, British Columbia, law firm of Steinmans Trial Lawyers, we provide compassionate service and personal attention for clients faced with difficult circumstances related to wills and estate litigation.
Circumstances may reveal that force, fear or undue influence were present and deprived the will-maker or gift giver of a real intent.
If you suspect elder abuse, take action immediately. Call Steinmans Trial Lawyers today at 604-692-2525 to schedule a consultation with a British Columbia wills and estate litigation lawyer who is ready to protect you and the vulnerable testator.
A party alleging undue influence in a proceeding must show only that a person other than the will-maker (or other than the person making the gift) was in a position where there was the potential for dependence or domination of the will-maker (or gift giver). The person seeking to have the will or gift upheld has the onus of showing that the person did not exercise undue influence over the will-maker
We are adept at defending those who receive property where the receipt of property is challenged by a sibling or another person.
What Does the Court Look for in Undue Influence and Mental Capacity Estate Litigation Cases?
Asking the court to deem a will invalid because it is contrary to the intentions of the will-maker requires more than just a proof of the circumstances of undue influence. Our Vancouver undue influence solicitors can also help you fulfil the requirement of showing that the contents of the will are inconsistent with the testator’s true and original wishes.
How We Can Help Beneficiaries and Other Interested Parties
Likewise, if you believe that you were left out of a will as the result of undue influence, we can help you petition the court to evaluate whether the testator was mentally incompetent and if undue influence did produce a new inadequate will. This can also apply to trustees, executors and named representatives in power of attorney documents, who need to be removed because they have breached their fiduciary duty and taken advantage of the trust and mental incapacity of the people they are responsible for overseeing.
Our Goal Is to Protect You and Your Vulnerable Loved Ones
Our goal is to protect the rights of elderly and special needs individuals with diminished capacity from financial, physical and mental abuse. We also act on behalf of those who wish to demonstrate an individual is mentally sound in the face of an unscrupulous person seeking a declaration of mental incompetence for the purposes of exerting undue influence on them. We also help defend people charged with undue influence, allowing us to understand strategy and arguments from both sides of this contentious situation.
Our Burnaby capacity issues lawyers can help you put mechanisms in place to protect an elderly loved one. We will help you wrestle away control exerted by the abuser and attempt to restore funds and assets that have been stolen or misappropriated.
This help can also include protecting the assets in a will, trust or other estate planning tool or reversing changes to these documents that an abuser has tried to make. Our goal is to help you prevent financial abuse or other actions that may harm a loved one who may not be able to fight back or take action to stop these situations.
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