Recognized for Integrity and Compassion in Estate Litigation in Victoria.
When Estate Conflicts Arise, We Help You Find Resolution
Whether you’re contesting a will or managing executor challenges, we’ll provide clear direction, strong representation, and a steady hand throughout the process.
✅ Clear, respectful communication at every step.
✅ Experienced representation for executors and beneficiaries.
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✅ Sensitive handling of family dynamics.
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✅ Trusted locally for Estate Litigation in Victoria.
Estate Litigation in Victoria – Resolving Disputes with Experience and Integrity
When family or financial disputes arise after someone’s passing, it’s important to have a lawyer who combines legal expertise with compassion. At The Genesis Law Group, we provide experienced, understanding representation for clients seeking help with Estate Litigation in Victoria, BC. Whether you’re a beneficiary, executor, or family member, we help you resolve estate disputes efficiently and protect your rights with integrity and care.
Our Approach to Estate Litigation in Victoria
Estate litigation can be emotionally challenging and legally complex. It includes disputes over wills, inheritances, and the administration of estates. These matters often involve sensitive family dynamics, and having the right lawyer can make all the difference.
At The Genesis Law Group, we focus on practical, cost-effective solutions and strive to minimize conflict wherever possible. When court proceedings become necessary, you’ll work directly with Jacqueline Horton, an experienced lawyer who will clearly explain each step and ensure you feel supported throughout the process.
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Fundamentals of Estate Litigation
Estate litigation occurs when disputes arise regarding a deceased person's estate distribution. When there is a disagreement between the two parties regarding the validity or interpretation of a will, deceased property, or trust, legal help or advice is often required.
Cause of Estate Litigation
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Will Contests: A typical form of Estate Litigation where one party challenges a will based on claims such as mental incapability, undue influence, or improper execution.
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Probate Disputes: These involve issues related to appointing an executor or an administrator. They might also include topics such as asset distribution or the accounting of estate funds.
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Trust Contests: Arguments primarily concerning the interpretation of trust documents, the actions of trustees, or the rights of beneficiaries.
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Elder Abuse: An elder has been financially exploited, suffers physical or emotional abuse or even is neglected by the caregiver or family members.
While Estate Litigation is sometimes necessary, disputes can be resolved through mediation and settlement. If both parties agree, this could avoid a lengthy court battle. For more information about the fundamentals of Estate Litigation in Victoria, please contact our team.
Common Estate Disputes We Handle
Will Challenges
Allegations of undue influence, lack of capacity, or improper execution.
Beneficiary Disputes
Clarifying inheritances and ensuring fair distribution of assets.
Executor and Trustee Issues
Addressing misconduct, inaction, or the removal of an executor or trustee.
Dependants’ Relief Claims
Protecting the rights of spouses and dependants under the Wills, Estates and Succession Act (WESA).
Estate Administration Problems
Resolving disagreements over how estates are managed or distributed.
Power of Attorney and Representation Disputes
Acting in cases of elder abuse or financial exploitation.
Whether the issue involves complex family conflict or straightforward estate administration, we have extensive experience guiding clients through Estate Litigation in Victoria and across Greater Victoria.
Why Choose The Genesis Law Group
Over 25 Years of Experience
Practising law since 2004, Jacqueline Horton has built a respected reputation in Victoria for results, reliability, and compassion.
Direct Lawyer Access
When you call, you reach a real person — often Jacqueline herself. No automated systems or endless voicemail menus.
Compassionate Representation
As a former nurse and midwife, Jacqueline brings empathy, patience, and insight to every client relationship.
Honesty & Integrity
Transparent communication and fair billing are foundational to how we work.
Flexible Appointments
Home, hospital, evening, and Saturday appointments available by arrangement.
Jacqueline’s philosophy, “In the business of relationships” reflects her belief that legal service is about people first. She takes the time to listen, explain, and build trust so every client feels heard and cared for.
Our Values in Action
Jacqueline’s dedication has earned her community recognition, including the Black Press Women of Distinction Award for going above and beyond to protect vulnerable clients in elder and estate law matters.
Her compassionate and intuitive approach, shaped by her nursing background, helps clients feel supported through even the most emotionally charged disputes. Many clients return to The Genesis Law Group again and again, trusting Jacqueline for her honesty, empathy, and efficiency.
Understanding Estate Litigation in British Columbia
Estate litigation in British Columbia is governed primarily by the Wills, Estates and Succession Act (WESA), which defines how estates are distributed and how wills can be challenged. The Supreme Court of British Columbia oversees these matters.
Our firm regularly represents clients in Estate Litigation in Victoria involving wills variation claims, executor disputes, and capacity challenges. Whether your case is straightforward or highly contested, we’ll help you understand your rights and your best options.
The Estate Litigation Process
Estate litigation can be complex and distressing. However, becoming acquainted with the general steps of the litigation process can make the experience less daunting.
Initiation of The Case
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Petition or Complaint: The complainant asks the judge to settle the lawsuit in their favour. In that petition, they outline the nature of the dispute.
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Notice to Interested Parties: The court notifies heirs, devisees, beneficiaries, and everyone interested.
Discovery
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Information Exchange: The involved parties exchange materials and proofs of their statements or arguments. These could include interrogatories, depositions, document requests, and inspections.
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Expert Witnesses: Parties may hire experts to provide specialized information, such as the valuation of assets or a person's mental condition.
Mediation or Arbitration
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Alternative Dispute Resolution: In some situations, arbitration or mediation is considered a safe option. A neutral third party assists in resolving the conflict by facilitating negotiations between the parties involved.
Trial
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Presentation of Evidence: If negotiation fails, the matter can be taken to trial, during which each side will submit evidence and then argue it to the court.
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Court's Decision: The court studies the evidence and hands down a verdict that settles the case.
Appeal
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Challenging the Judgment: If one party feels upset by the court's verdict, they can appeal to a higher court.
