Resolving Estate Disputes Outside of Trial
3 Alternative Ways for Resolving Estate Disputes in BC
Estate litigation and wills variation claims are often very heated, given that they often involve family members vying for control over the assets of a recently deceased relative. There is often emotion on all sides and the prospect of testifying in Court against a relative can be daunting for some litigants. However, not all disputes require a full trial involving the attendance of witnesses to testify. This blog is intended to provide some quick insight into three alternative resolutions:
Resolution by Consent Order: Wills variation and estate litigation disputes can be resolved with a consent order when all of the parties who are either beneficiaries or suing to become beneficiaries agree on a resolution. This sometimes occurs when a party who has been left the majority of an estate agrees that their relatives (siblings or parents) should share in the assets of the Deceased. Although agreement by all of the parties is necessary for resolution by consent order, one party’s lawyer (usually the Plaintiff) must still appear in Court to obtain approval from a Judge.
Mediation: Mediation is a process where the parties to a law suit attend a formal negotiation with a trained mediator who tries to bring everyone into an agreement. Mediation requires compromises from all sides but can be useful in resolving disputed estate claims.
Summary Trial: Summary trials are applications made in Chambers wherein evidence is presented by affidavit and typically no witnesses come to give testimony. Summary trials can be much more affordable compared to a full trial however they are only appropriate in certain circumstances and if there is an issue of credibility, a court may be unwilling to hear the matter as a summary trial.
Our Related BC Estate Litigation & Wills Variation Posts
- 5 Things to Know about the BC Family Law Act
- Negotiation 101: How We “Get To Yes”
- Can Napkin Notes Alter a Will in BC?
- Agreements in Family Law
Contact our Will & Estate Litigation Lawyers in Vancouver B.C.
If you have an estate issue or believe that you have been wrongly left out of a will, and would like to receive some legal advice, please contact the Kushner Law Group today at 604-629-0432 to schedule a consultation.