Overview
Estate Litigation Under BC Law
Estate litigation in British Columbia encompasses disputes arising from wills, estates, and the distribution of assets after death. The Wills, Estates and Succession Act (WESA) governs most estate matters in BC and provides mechanisms for challenging wills, varying their terms, and resolving disputes between beneficiaries and estate administrators. Whether you believe a will does not reflect the deceased's true intentions, you have been unfairly disinherited, or an executor is not properly administering an estate, our litigation team can help protect your interests.
WESA introduced significant changes to estate law in BC, including the wills variation provisions that allow spouses and children to claim against estates that fail to make adequate provision for them. Under Section 60 of WESA, the court may order that a will be varied if it fails to provide adequately for the proper maintenance and support of the will-maker's spouse or children. This reflects the legal and moral obligations a will-maker has to their family, regardless of what the will actually states.
Will validity challenges arise when there are questions about whether a will represents the true, freely-given intentions of the deceased. Grounds for challenging a will's validity include lack of testamentary capacity (the deceased did not understand what they were doing), undue influence (someone improperly pressured the deceased), fraud, or failure to comply with formal execution requirements. Successfully challenging a will's validity can result in an earlier will being reinstated or the estate passing under intestacy rules.
Estate litigation requires careful attention to strict limitation periods. WESA variation claims must be filed within 180 days of the grant of probate—a short window that makes early legal consultation essential. Other estate claims have different limitation periods depending on the nature of the dispute. Our estate litigation lawyers provide efficient assessment of your situation and, where claims are viable, move quickly to protect your rights within applicable deadlines.
Our Estate Litigation Services
- Will validity challenges based on lack of capacity, undue influence, or improper execution
- WESA wills variation claims for spouses and children who have not been adequately provided for
- Executor and administrator disputes including removal applications
- Breach of fiduciary duty claims against executors and trustees
- Estate asset tracing and recovery
- Dependent relief and maintenance claims
- Joint tenancy and beneficial ownership disputes
- Disputes between co-beneficiaries over estate administration
- Passing of accounts and estate accounting disputes
- Appeals from estate administration decisions
The Estate Litigation Process
Estate review
We analyze the will, estate documents, family circumstances, and relationship dynamics to identify all potential claims and assess their strength under BC law.
Protective steps
Where necessary, we file caveats to prevent estate distribution or seek urgent court orders to protect estate assets pending resolution of disputes.
Mediation attempt
Many estate disputes benefit from early mediation, which can preserve family relationships and achieve resolution faster and more cost-effectively than litigation.
Court application
If resolution cannot be achieved, we prepare and file the appropriate court applications supported by affidavit evidence to advance your claims.
Trial or settlement
We pursue the best possible outcome through negotiated settlement where appropriate or trial where your interests require judicial determination.
Estate Litigation FAQs
What is the deadline for filing a WESA wills variation claim?
You have only 180 days from the date probate is granted to file a wills variation claim under WESA. This is a strict deadline that the court has limited power to extend. If you believe you may have grounds for a wills variation claim, seek legal advice immediately upon learning of the death or the will's contents to ensure you don't lose your right to claim.
Who can challenge a will in BC?
Anyone with a legal interest in the estate can challenge a will's validity—this includes beneficiaries under the challenged will, beneficiaries under earlier wills, and those who would inherit under intestacy. For WESA variation claims (challenging adequacy of provision rather than validity), only the deceased's spouse and children have standing to make a claim.
What are an executor's duties?
Executors are fiduciaries who must act in the best interests of the estate and beneficiaries. Their duties include locating and securing assets, paying debts and taxes, keeping accurate records, providing accountings to beneficiaries, investing prudently, distributing assets according to the will, and avoiding conflicts of interest. Breach of these duties can result in personal liability and removal.
Can disinherited spouses or children claim against an estate?
Yes. Under WESA, spouses and children can apply to vary a will that fails to make adequate provision for their proper maintenance and support. The court considers factors including the size of the estate, the claimant's circumstances and needs, and the deceased's reasons for the disposition. Even adult independent children may succeed in variation claims where the court finds the will fails to meet moral obligations.
Who pays the legal costs in estate litigation?
Cost rules in estate litigation are discretionary and depend on the nature of the dispute. In some cases, costs are paid from the estate—particularly where litigation was necessary to determine the deceased's true intentions or where the deceased's conduct caused the dispute. In other cases, especially unsuccessful claims, the losing party may bear their own costs or pay the winner's costs. We discuss cost implications at the outset.