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A child may need representation in wills and estates litigation

Providing for minor children is often one of the primary reasons that British Columbia parents make arrangements to take care of them in case the parents die. When parents pass leaving children behind, they are helpless to protect their own interests during any wills and estates litigation. They cannot legally advocate for themselves or even hold property.

When a guardian or someone else in charge of a child's inheritance fails to safeguard it, other family members and/or the executor of the estate may want to step in to help. In order to apply for a public guardian to represent a minor child, a party with an interest in the estate, a child of the deceased or a spouse of the deceased must make the application and provide notice to the Public Guardian and Trustee. This is the first step in helping to protect the child's interests.

Under certain circumstances, that notice is not required, but the party must meet certain criteria. The application must include certain items such as all of the relevant documentation, proof that the individual may make the application and a current will, among other things. If all goes well, a public guardian will step in to ensure the rights and interests of the minor child remain protected.

If a British Columbia resident believes that the appointment of a public guardian is the best way to protect the interests of a minor child, it would help to take steps to make sure that the application process goes smoothly. Any errors could delay wills and estates litigation involving the child. This could cause further harm as it pertains to his or her interests in assets of the estate.

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