Estate disputes can be difficult, especially when family members disagree after the death of a loved one. Estate litigation in British Columbia can involve will challenges, wills variation claims, executor disputes, beneficiary disagreements, estate accounting, and trust litigation.

If you believe a will is invalid, an executor is not properly managing the estate, or you have not received a fair share of an estate, getting legal advice early can help you understand your options.

Common Estate Litigation Matters in BC

An estate litigation lawyer in BC may assist with disputes involving:

Will challenges involving testamentary capacity, undue influence, suspicious circumstances, or improper execution.

Wills variation claims brought by spouses or children who believe a will does not adequately provide for them.

Executor and trustee disputes, including concerns about delays, accounting, fiduciary duties, or estate asset management.

Beneficiary disputes involving unequal distributions or disagreements about will and trust terms.

Estate accounting and passing of accounts when beneficiaries require financial information or want to challenge accounts.

Dependants’ relief claims involving spouses, children, or other eligible dependants.

Trust litigation involving family trusts, testamentary trusts, or trustee conduct.

In BC, wills variation claims are governed by provincial legislation, and eligible spouses or children may have rights where a will does not make adequate provision for their maintenance and support. Time limits can apply, so it is important to seek legal advice promptly.

What Should You Do If You Have an Estate Dispute?

Start by gathering important documents, including the will, previous wills, estate correspondence, financial records, and relevant communications. Avoid making rushed decisions or signing settlement documents before understanding your legal position.

A lawyer can assess the circumstances, explain potential claims and defenses, and determine whether negotiation or mediation may resolve the dispute. If litigation becomes necessary, representation may be required in the Supreme Court of British Columbia.

Frequently Asked Questions

1. Can I challenge a will in BC?

Yes, depending on the circumstances. A will may be challenged for issues such as lack of capacity, undue influence, improper execution, or other concerns about validity.

2. Can a child challenge a parent’s will in BC?

A child may have grounds to bring a wills variation claim if the will does not make adequate provision for them. Legal eligibility and deadlines should be reviewed promptly.

3. What if an executor is not managing the estate properly?

Beneficiaries may have options where an executor fails to account, delays administration, mismanages assets, or breaches fiduciary duties.

4. Can estate disputes be settled without going to court?

Yes. Negotiation and mediation can sometimes resolve estate disputes without a full court proceeding.

5. How long do I have to make a wills variation claim?

Strict deadlines can apply. In BC, a wills variation action generally must be started within 180 days of the representation grant, subject to the applicable law and circumstances.

Get Legal Help With an Estate Dispute

Estate disputes can become more complicated when family relationships and significant assets are involved. Walia Law Group provides practical legal assistance with estate litigation in BC, including will challenges, wills variation claims, executor disputes, beneficiary disputes, estate accounting, and trust litigation.