Courtney AuBuchon

DO YOU HAVE QUESTIONS ABOUT AN ESTATE?

I am happy to discuss your options. Whether you have been left out of a will, believe that an estate owes you money or have been appointed as an executor, we can help.

Welcome to Forward Law, I am Courtney AuBuchon one of our firm’s litigation, wills and estate lawyers. Our team of Kamloops lawyers help clients with a variety of legal issues. This page sets out my practice, approach, and experience in providing legal services.

 

I understand that the practice of law can involve a broad range of issues, but the central feature of all client files is that there is a problem or issue that needs to be solved by legal means. To be effective, I believe that a lawyer needs to craft a solution specific to whatever issue a client is faced with.

It is important to me that the approach selected best suits your needs and achieves your goals as efficiently as possible. Whether you need help reaching an agreement, want to better understand your rights, or want a trial to have your day in court, I am happy to work with you to accomplish what you want.

My practice includes estate administration and disputes, in which I have represented executors, beneficiaries, and family members who have been disinherited. These claims include:

• Wills Variation

In British Columbia, a spouse or child of a deceased person is able to file a lawsuit against an estate to vary the will of the deceased person (who is called a testator). This does not mean that the will is not valid, but rather that the testator has failed to properly consider his or her obligations to the person making the claim. I act for executors, spouses, or children in these cases.

• Assets

Assets, such as bank accounts or houses, that are held jointly with a deceased person usually transfer to the surviving owner after death. In many cases, however, it was not the testator’s intent to provide a gift for the surviving owner in this manner, rather the testator intended the asset to form part of his or her estate. In these situations, a claim can be brought to have the jointly held assets brought back into the estate to be distributed as set out in the testator’s will.

I work on behalf of home builders and contractors who have not been paid, and new homeowners who did not get what they bargained for when they signed a construction contract. There are numerous problems that can arise in the construction or renovation of a home. I work with people to resolve disputes over the final cost of construction and to deal with deficiencies. This includes filing or discharging Builders Liens, negotiating settlements, or taking disputes to trial.

I work with employers to form strategies to dismiss employees without creating unnecessary conflict, and I have helped employees who have been dismissed to obtain a fair settlement package. I help creditors to get paid and debtors to develop strategies for avoiding legal proceedings. I have successfully represented clients in Provincial Court, BC Supreme Court, and the BC Court of Appeal.

A trial is often not the best option for many clients and, in those cases, mediation can be a more cost effective solution that obtains a result that the parties agree to. In a trial the judge will make a final decision that is binding on the parties and that decision is outside of your control. With mediation you maintain control and if the matter settles it is on terms that you agree to. I help clients at mediations to make the process as effective as possible.

AREAS OF PRACTICE

• Civil Litigation
• Estate Planning & Wills
• Probate & Estates
• Construction Law
• Estate Administration
• Estates Disputes
• Employment Law
• Debt Collection

 

QUALIFICATIONS

• Called To The Bar Of British Columbia, 2010
• LLB, University Of Calgary, 2009
• Bachelor Of Arts, Psychology, University Of Calgary, 2002
• Member, Trial Lawyers Association Of BC

COURT DECISIONS

Watt V. Kamloops (City), 2017 BCCA 379

Riguidel Estate (Re), 2017 BCSC 1667

Kish V. Sobchak Estate, 2016 BCCA 65

Eckford V. Vanderwood, 2014 BCCA 261

Eckford V. Van Der Woude, 2013 BCSC 1729

Connolly V. Jones Et Al., 2014 BCPC 149

Abdoh V. Owners Of Strata Plan KAS 2003, 2013 BCSC 817