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1 unexpected issue that may lead to wills and estates litigation

When British Columbia residents pass away, someone needs to carry out the plans they made to provide for those they loved. Executors know they have certain duties to complete, but what they may not expect is certain obstacles to completing their tasks. Some circumstances could result in wills and estates litigation.

An executor administering a British Columbia estate deals with quite a bit of paperwork. While this aspect of the process may require a significant amount of time and perhaps some out-of-pocket expenses, under normal circumstances, things usually go smoothly. Dealing with the people involved could complicate the job.

One of the first things executors must do is locate, inventory and protect all of the assets of the estate. Heirs may attempt to swoop in and take property they believe they are entitled to before this can happen. This often leads to disputes within families that the executor may find him or herself in the middle of during the proceedings. A disgruntled heir could take a grievance to court, which will more than likely pause the progression of the proceedings. In addition, the executor must regain control over any assets already taken by heirs, which makes that person unpopular and possibly a target for litigation.

Wills and estates litigation could arise due to other matters, but addressing the issues surrounding unhappy heirs often provides one of the most time-consuming, frustrating and often expensive obstacles to completing the probate. The court may dismiss some disputes outright, but others could take some time to resolve. An executor may need legal assistance under normal circumstances, but in these cases, enlisting the help of a lawyer could make all the difference.

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