Wills & Estate Litigation
Estates go wrong in predictable ways. We prepare wills built to withstand a challenge, and we act for family members and executors when a challenge comes anyway.
Our planning work covers wills, powers of attorney, representation agreements, and advice on how assets will actually pass, including jointly held property, beneficiary designations and business succession. We also assist executors through probate, court filings, asset transfers and reporting to beneficiaries.
Our litigation work covers wills variation claims under the Wills, Estates and Succession Act, allegations of undue influence or lack of capacity, disputes over the interpretation of a will, executor removal and passing of accounts, and claims by common-law and estranged family members.
What we handle
- Wills, powers of attorney and representation agreements
- Estate planning and business succession
- Probate and estate administration
- Wills variation (WESA) claims
- Undue influence and capacity challenges
- Executor removal and passing of accounts
- Disputes over jointly held property and beneficiary designations
- Advice and representation for executors and beneficiaries
Common questions
- Can a will be challenged in British Columbia?
- Yes. A spouse or child can apply to vary a will that does not make adequate provision for them, and a will can also be attacked for capacity, undue influence or improper execution. Time limits are short once probate is granted.
- How long do I have to bring a wills variation claim?
- Generally 180 days from the grant of probate to file, with a further period to serve. Speak to us as soon as you learn of the grant.
- Do I need a lawyer to probate an estate?
- Not always, but errors made by executors are personal liabilities. For estates with real property, a business, or beneficiaries who are unhappy, legal help is worth its cost.