Probate confirms the validity of a Will and the authority of the executor to administer the estate. While this may seem straightforward, it can quickly become complex, especially in the presence of complex family dynamics or unclear expectations.
Estate disputes often start with questions about the interpretation of the Will, the deceased’s wishes or intentions, or the administration and distribution of the estate’s assets. Seeking legal advice early in the process can help prevent these questions from becoming disputes.
Early clarity makes navigating probate and avoiding conflict much easier. If you plan to contest a will or have concerns about estate administration, Cassady Law LLP’s estate team is ready to help you achieve a fair outcome.
Why Probate Can Become a Source of Dispute
Probate legally confirms a will and allows the executor to manage the estate. Disputes can be triggered when:
- The terms of the will are unexpected.
- Beneficiaries feel unfairly treated.
- Family members have different interpretations of the deceased’s intentions.
Conflict may arise, particularly in blended or multi-generational families, where there are informal or verbal arrangements but no formal or written agreements were ever made.
In estate law, probate disputes are rarely just paperwork; they’re about clarity, communication, and timing.
Issues That Lead to Probate Disputes
Whether an estate grant (more commonly known as a Grant of Probate or Grant of Administration) is required generally depends on the assets owned by the deceased and the requirements of the asset holders. They may require probate before releasing assets.
Concerns About Capacity
Questions about capacity may be raised if there is concern that the deceased may not have had the requisite capacity when the Will was made. Various circumstances, including illness, cognitive decline or other impairment prior to the death of the deceased, should be reviewed based on the best available evidence.
Undue Influence or Pressure
Probate disputes can also arise when there are concerns that someone exerted undue influence over the deceased.
This may involve dependency relationships, caregiving arrangements, or sudden changes to a will that benefit one person disproportionately. You must closely examine how decisions were made and whether the will shows the deceased’s true wishes.
Disputes in Blended or Multi-Generational Families
Probate problems sometimes occur in families with second marriages, adult children from earlier relationships, or long-standing shared finances.
Disputes arise when expectations about inheritance don’t match the will’s terms, even in families that once got along well.
What Probate Guidance Typically Involves
Getting probate guidance doesn’t mean you’re starting a dispute. Usually, it means:
- Reviewing the will and related documents
- Understanding the executor’s role and obligations
- Clarifying beneficiary rights and expectations
- Identifying potential issues early
Some issues are resolved with clear communication. Others need more formal steps if you can’t agree.
Legal Representation Can Help Prevent Escalation
Early legal advice can help families:
- Understand whether concerns are legally relevant.
- Clarify timelines and procedural requirements.
- Reduce uncertainty during an already stressful process.
- Avoid unnecessary escalation where possible.
Even if a dispute is unavoidable, early clarity helps make the process manageable.
Take The Next Step With Cassady Law
If you need probate guidance in BC or have questions about estate handling, talk to a lawyer early to clarify your position.
When you understand probate and its potential trouble spots before disputes arise, you can help your family make informed choices during difficult times.
Family and estate law overlap. Our teams handle complex will challenges and help you recover assets. We also assist families in obtaining court orders for financial, legal, and healthcare decisions on behalf of adults who are unable to make such decisions themselves.
Contact the team at Cassady Law, LLP, to learn how we can assist you with your next steps.