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Failing to provide for a spouse may lead to estate litigation

For most British Columbia residents part of being married is taking care of each other emotionally, physically, and yes, financially. When it comes to estate planning, spouses may want to make sure they adequately provide for each other. Failing to provide for a spouse upon death could mean estate litigation for surviving family members.

British Columbia spouses are entitled to a certain portion of a deceased spouse's estate. If he or she does not provide for a spouse in a will or some other estate-planning document such as a trust, the surviving spouse may file a claim seeking a portion of the estate. In order to avoid your family members battling in court over this issue after your death, you may want to make sure you take steps to provide for your spouse.

If you recently lost your spouse and found out that you were not named in the will or did not receive an adequate portion of the estate, you may exercise your right to file a claim. The problem is that these matters usually end up causing a rift in the family. However, there are ways to avoid disrupting or destroying those relationships while still receiving what you need.

You could negotiate outside the courtroom or participate in mediation in order to come to a more amicable resolution. You only want what you are entitled to from your deceased spouse's estate. If others in the family cannot understand the problem with failing ot provide for a spouse after death, you may need help from an experienced wills and estates litigation lawyer in handling this delicate situation.

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