Frequently Asked Legal Questions | Tim Louis & Company, Vancouver Lawyers

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Tim Louis & Company – Frequently Asked Questions (FAQ)

At Tim Louis & Company, we know legal matters can feel overwhelming—especially when you’re navigating them for the first time. That’s why we’ve put together this FAQ: to give you straight answers to real questions we hear every day from people just like you.


1. What types of cases do you take on?

We focus on helping everyday people with challenges like:

  • Denied Long-Term Disability (LTD) Claims

  • Personal Injury

  • Employment Law (especially wrongful dismissal)

  • Wills, Trusts & Estate Planning

  • Estate Disputes and Wills Variation

  • Power of Attorney and Probate Administration


2. Is the first consultation really free?

Yes, absolutely. Your first consultation is free and completely confidential. It’s your chance to ask questions, get clarity, and decide what to do next—no strings attached.


3. How do I know if I have a case worth pursuing?

You don’t have to figure that out on your own. If something doesn’t feel fair—like an LTD denial, being fired without cause, or being left out of a will—we’re here to help you find out. Book a free consultation and we’ll walk through it together.


4. My disability claim was denied. Can you help?

Yes, this is one of our core areas of practice. We help people fight back when insurance companies say “no.” We’ll review your file, guide you through appeals, and make sure you’re treated fairly. Don’t wait—these cases are time-sensitive.


5. Can I challenge a will if I was left out or treated unfairly?

Yes. BC’s Wills, Estates and Succession Act (WESA) allows you to challenge a will if you were unfairly excluded or left less than what’s fair. These are called wills variation claims—and we handle them often.


6. What will it cost to hire you?

In many cases, especially for LTD and injury claims, we work on a contingency fee—you only pay if we win. For estate and employment matters, we offer transparent rates or flat fees depending on the situation.


7. Do I have a deadline to take legal action?

Yes, and missing one can mean losing your rights. Here’s a quick guide:

  • LTD Claims: Often 2 years from denial—but act as early as possible

  • Wills Variation: 180 days from when probate is granted

  • Wrongful Dismissal: 2 years from the date of dismissal

Every case is different. If you’re unsure, contact us right away.


8. Can you help with family fights over an estate?

Absolutely. Whether you’ve been excluded from a will, are facing conflict between siblings, or need to defend an estate, we’ll help you find the best path forward with respect, skill, and clarity.


9. I can’t travel to your office. Can I still work with you?

Yes. We work with clients across BC by phone, email, and Zoom. No matter where you are, we’ll make sure you have access to experienced legal advice.


10. What’s the best way to get in touch?

Give us a call at (604) 732-7678 or send us an email at timlouis@timlouislaw.com. You can also use our contact form at timlouislaw.com. We’ll respond quickly and guide you from there.


Service-Specific FAQs

Estate & Wills Litigation

  1. Can I contest a will in BC? Yes. If you were a spouse or child of the deceased and feel the will does not provide adequate support, you may have grounds to contest it under BC’s Wills, Estates and Succession Act (WESA).

  2. What’s the deadline to file a wills variation claim? You must file within 180 days from the date probate is granted. Acting quickly is essential.

  3. How do I prove undue influence in a will? Evidence such as coercion, dependency, isolation, or unusual behaviour before the will was signed can support a claim of undue influence. We can guide you through the process.

  4. Who can file an estate dispute? Typically, spouses, children (including stepchildren in some cases), or others with a financial interest in the estate can file a claim.

  5. What happens if someone dies without a will? The estate will be distributed according to BC’s intestacy laws, which may not reflect the deceased’s true wishes. We help families navigate this process.

  6. Can siblings dispute inheritance? Yes. If a sibling believes the will is unfair or invalid, or if there are signs of undue influence or incapacity, they may have grounds to dispute.

  7. What if an executor is not acting fairly? You can apply to the court to have an executor removed if they’re not fulfilling their duties or acting in bad faith. We can help you initiate that process.

  8. Do I need a lawyer to resolve estate disputes? While it’s not mandatory, a lawyer ensures your rights are protected and can help resolve disputes efficiently and with less emotional stress.

  9. What is the Wills, Estates and Succession Act (WESA)? WESA governs how estates are handled in BC, including will challenges, intestacy, and probate. It replaced several older laws to streamline estate matters.

  10. How long does estate litigation take? It depends on the complexity of the dispute. Some are resolved in a few months, while others may take a year or more. Early legal advice can help speed things up.

Long-Term Disability Claims

  1. What qualifies as a long-term disability in BC? A long-term disability can be any physical or mental condition that prevents you from working for an extended period—usually longer than 90 to 120 days. Common conditions include chronic pain, fibromyalgia, mental health disorders, autoimmune diseases, and more.

  2. How soon should I file my LTD claim? Every insurance policy has deadlines, and they vary. Some require you to file within 30 days of becoming disabled, while others allow more time. It’s best to start the process as soon as possible to avoid delays or denials.

  3. What if my LTD claim is denied? You have the right to appeal, and we can help. Often, insurance companies deny claims hoping you’ll walk away. We work with clients to gather the right medical evidence and fight back.

  4. Can I appeal an LTD denial on my own? You can, but it’s risky. The appeal process is complex, and missing key steps could hurt your case. With our experience, we’ll make sure your appeal is strong, well-documented, and meets all deadlines.

  5. How do I prove my disability? Medical records, reports from your doctors, and details about how your condition affects daily life are all crucial. We’ll work with your healthcare providers to build a compelling case.

  6. What documents do I need for a successful claim? You’ll need detailed medical records, your employment history, a description of your job duties, and your policy documentation. We’ll help you organize everything so your claim has the best chance.

  7. Can I work part-time and still get LTD? It depends on your policy. Some policies allow part-time work, especially during a gradual return-to-work plan. Others may reduce your benefits or disqualify you. We can review your plan and explain your options.

  8. Does mental health qualify for LTD? Yes. Conditions like depression, anxiety, PTSD, and other psychiatric disorders can qualify for LTD benefits, provided they are supported by a healthcare provider and documented appropriately.

  9. How long do LTD benefits last? It varies by policy. Some pay for two years if you can’t do your own job, while others continue until age 65 if you can’t do any work at all. We can review your plan and help you understand your long-term entitlements.

  10. Can you sue the insurance company? Yes. If an insurer wrongfully denies or terminates your claim, we can file a lawsuit to recover your benefits, plus interest and sometimes punitive damages. We’re here to fight for your rights.

Personal Injury Law

  1. What counts as a personal injury claim? Personal injury claims can arise from car accidents, slip and falls, dog bites, medical negligence, and more. If you’ve been injured due to someone else’s carelessness, you may have a claim.

  2. How soon should I talk to a lawyer after an accident? Immediately, if possible. Early legal advice helps preserve evidence, protect your rights, and avoid mistakes that could hurt your claim.

  3. Can I claim for pain and suffering? Yes. In BC, you can seek compensation for non-financial losses such as pain, loss of enjoyment of life, and emotional distress.

  4. Do I have to go to court? Not usually. Most personal injury cases settle outside of court. But if needed, we’re fully prepared to take your case to trial.

  5. What if the other driver is uninsured? You may still be able to claim compensation through ICBC’s uninsured motorist protection. We’ll help you explore all your options.

  6. Can I still claim if I was partially at fault? Yes. BC follows a “comparative fault” system, meaning you can still recover damages, but they may be reduced by your percentage of fault.

  7. How much is my injury claim worth? It depends on factors like medical expenses, lost income, the severity of your injury, and how it impacts your life. We offer personalized assessments during your consultation.

  8. What’s the deadline to file a personal injury claim? Generally, you have 2 years from the date of the accident. There are exceptions, so don’t delay getting legal advice.

  9. What is a contingency fee? It means we don’t get paid unless you win. Our fees are a percentage of your settlement, so there’s no upfront cost to you.

  10. Can I claim lost wages and future care costs? Yes. You may be entitled to compensation for income lost now and in the future, as well as rehabilitation, home care, and other expenses.

Employment Law

  1. What is wrongful dismissal in BC? Wrongful dismissal happens when you’re terminated without reasonable notice or fair severance. In many cases, the amount offered is far less than what you’re entitled to under common law.

  2. How do I know if my severance offer is fair? Most severance packages start low. The only way to know what you’re really owed is to speak with an employment lawyer. We’ll review your employment history, age, position, and other factors.

  3. Can I be fired without cause? Yes, but only if you’re given proper notice or severance pay. If you’re let go without either, it may be a wrongful dismissal.

  4. What if I’m forced to resign? If your employer creates a hostile work environment or changes your job drastically, it might be constructive dismissal—where resignation is treated as termination. We can assess your situation.

  5. How much severance am I entitled to? It depends on your length of service, age, role, and how easy it would be for you to find new work. Severance can range from a few weeks to 24+ months in some cases.

  6. Can I claim for emotional distress? In rare cases, yes—particularly if your employer acted in bad faith or violated your human rights. We’ll look at all possible legal remedies.

  7. What is constructive dismissal? It’s when an employer makes your job unbearable or changes it significantly without your consent, effectively forcing you to quit. If proven, it’s treated the same as being fired.

  8. How do I negotiate a better severance? Don’t sign anything without legal advice. We can negotiate on your behalf or coach you through a fair counter-offer to get what you deserve.

  9. Can I be fired while on sick leave? You can’t be fired because of your medical condition. If that happens, you may have a human rights claim. We’ll help you determine if your rights were violated.

  10. What should I bring to my consultation? Bring any termination letters, severance offers, your employment contract, performance reviews, and communication records. The more info, the better we can help.

Wills & Estate Planning

  1. Why should I have a will? A will ensures your wishes are followed after your death—like who gets your assets or who will care for your children. Without one, the law decides.

  2. What happens if I die without a will in BC? BC’s intestacy laws will determine how your estate is divided. This could result in outcomes that don’t reflect your intentions.

  3. How do I choose an executor? Pick someone trustworthy and organized. It can be a friend, family member, or even a professional. We can help you decide and guide them through the role.

  4. What is a power of attorney? It’s a legal document that lets someone make financial or legal decisions on your behalf if you become unable to do so.

  5. What’s the difference between a will and a trust? A will takes effect after death. A trust can be active while you’re alive and offers more control, especially for complex or high-value estates.

  6. Can I write my own will? Yes—but homemade wills often create confusion or don’t meet legal standards. Having a lawyer ensures your wishes are clear and enforceable.

  7. Should I update my will after divorce? Absolutely. Major life changes like divorce, remarriage, or the birth of a child should trigger an update to your will.

  8. What is a representation agreement? It’s a document that lets someone make personal and health care decisions for you if you’re incapable. It complements your power of attorney.

  9. How do I protect a child with a disability? You can create a discretionary trust or other tailored tools that preserve government benefits while ensuring long-term care. We specialize in these plans.

  10. What documents should be part of my estate plan? A complete estate plan should include a will, power of attorney, representation agreement, and possibly a trust. We’ll help you build the right plan for your family.

Probate Administration

  1. What is probate? Probate is the legal process of confirming a will’s validity and authorizing the executor to act. It gives the executor the legal authority to handle the deceased’s assets.

  2. When is probate required in BC? Probate is usually required if the deceased owned real estate or had financial accounts with more than a minimal value. Some joint or designated assets may avoid probate.

  3. How long does probate take? It can take a few weeks to several months, depending on how complex the estate is and whether all documents are in order. Delays are common without legal help.

  4. What are the duties of an executor? The executor must locate the will, apply for probate, pay debts, file taxes, and distribute assets. It’s a major legal responsibility—and we’re here to guide you every step of the way.

  5. Can I be held personally liable as executor? Yes. If you make errors or distribute assets before debts are settled, you could be held financially responsible. That’s why legal advice is so important.

  6. Do all assets go through probate? No. Jointly owned assets, life insurance with a named beneficiary, and RRSPs or TFSAs with designations may bypass probate. We help you review the entire estate.

  7. What’s involved in applying for probate? You’ll need to submit court forms, the original will, a death certificate, and an inventory of the estate. We prepare everything for you.

  8. What is a grant of probate? It’s the court order confirming the will is valid and giving the executor legal authority to act on behalf of the estate.

  9. Can probate be avoided? Sometimes. Joint ownership, named beneficiaries, and trust planning can reduce or avoid probate. We can review your situation and offer strategies.

  10. Do I need a lawyer to handle probate? While it’s not legally required, most executors find it overwhelming to manage alone. We make probate simpler, faster, and less stressful.


Need more support?

Explore our Blog or check out the full list of Legal Services we offer.


Tim Louis & Company
2526 West 5th Ave, Vancouver, BC V6K 1T1
📞 (604) 732-7678
✉️ timlouis@timlouislaw.com
🌐 www.timlouislaw.com

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