After a parent dies, it is common for survivors to feel waves of differing emotions, such as sorrow, anger and guilt. These are an important and normal part of the cycle of grieving, and some in British Columbia find the practical matters of closing their loved one's estate are a welcome distraction. However, if you have learned that your parent disinherited you, your emotions may be even more powerful. Often, those who feel unjustly excluded from a loved one's will turn to estate litigation.
A testator, that is one who writes a will, may have valid reasons for leaving a family member out of the will. This happens frequently if the child was estranged from the family or if the parent and child had a serious disagreement earlier in life. The courts are not quick to allow parents to disinherit their adult children, but if the adult child contests the will, a judge may agree that certain factors justify the decision.
On the other hand, it is possible that the omission of your name from the will or the statement of outright disinheritance was unfair. For example, if the estrangement was not entirely your decision or if you and your parent reconciled near the end, the disinheritance may be invalid. Proving these factors requires careful analysis of your parent's state of mind and any other factors that may have influenced him or her.
At Darychuk Law, we focus on helping families in British Columbia when they face complex estate litigation. We work with clients to establish a complete picture of their relationships with the deceased and strive to obtain their fair portion of the estate through the most appropriate legal channels. Your first step is to receive a complete evaluation of your circumstances and learn about your options.