BC estate litigation covers challenges to a will's validity, disputes between beneficiaries and executors, and claims of undue influence or lack of testamentary capacity. These matters are heard in
and can be among the most emotionally and financially complex legal proceedings a family faces.
Estate litigation in BC is governed primarily by the
. When a deceased person's final wishes are disputed — whether because the will was procured by undue influence, the testator lacked capacity, or the executor is mismanaging the estate — BC courts have broad powers to intervene.
These proceedings are among the most sensitive in law: they arise at a time of grief, often within families, and involve both financial stakes and deeply personal questions about a person's final wishes and relationships. Early legal advice is essential — limitation periods are strict, and evidence of incapacity or undue influence can be lost quickly after death.
Grounds for Challenging a Will in BC
A will challenge asks the court to declare the will invalid — entirely or in part. BC courts recognise four main grounds on which a will may be challenged.
Not all estate litigation involves the validity of the will. Beneficiaries frequently need to take action against executors who are failing in their duties. BC courts have broad powers to compel, correct, and replace executors who are in breach.
Even before litigation begins, beneficiaries have enforceable rights against the executor. Understanding these rights helps you know when an executor has crossed a line.
How BC Estate Litigation Works: 6 Steps
BC Estate Litigation — A Plain-Language Guide
Estate litigation in British Columbia encompasses all disputes that arise in connection with a deceased person's estate: challenges to the validity of the will itself, disputes about how the executor is administering the estate, claims by beneficiaries who believe they have been treated unfairly, and contentious applications to remove executors who are in breach of their duties. These cases are governed primarily by BC's
(WESA) and are heard in BC Supreme Court.
A will challenge based on validity asks the court to find that the will should not be admitted to probate. The most common grounds for a will challenge in BC are lack of testamentary capacity, undue influence, improper execution, and fraud or forgery. The party propounding the will — usually the executor — must prove due execution and that the will-maker knew and approved its contents. Once this threshold is met, the challenger bears the burden of proving the specific grounds they allege.
These cases often require medical records, financial records, witness evidence from family members and professionals, and expert opinion evidence on testamentary capacity at the time the will was signed. Dementia, heavy medication, or isolation by a caregiver can all be relevant to a capacity claim.
Wills Variation Claims Under WESA Section 60
BC's wills variation provision — one of the most powerful in Canada — allows a spouse or child of the deceased to apply to court for an order varying the will if it does not make adequate provision for them. Unlike a will challenge, a wills variation claim accepts the will is valid, but asks the court to exercise its discretion to rewrite the distribution.
180 days from the date the court issues the Grant of Probate
. Missing this deadline permanently extinguishes the right to claim. If you are considering a wills variation claim, seek legal advice immediately upon receiving notice of the Grant.
An executor who is in breach of their fiduciary duties, has a conflict of interest, or is incapable of managing the estate can be removed by BC Supreme Court. Grounds for removal include: failure to apply for probate within a reasonable time, failure to account to beneficiaries, self-dealing, misappropriation of estate assets, persistent failure to communicate, and conduct that shows the executor cannot act impartially.
The court has discretion to remove an executor even without proving a specific breach, where the relationship between the executor and beneficiaries has broken down to the point where estate administration cannot proceed fairly. An application to remove an executor is typically supported by affidavit evidence documenting specific acts of misconduct or omissions.
The Role of Mediation in Estate Disputes
Not every estate dispute needs to go to trial. Estate litigation is expensive, time-consuming, and emotionally draining — and trial outcomes are uncertain. Many estate disputes are well-suited to mediation: the family can reach a negotiated resolution that preserves assets, maintains relationships, and avoids the risk and cost of a contested hearing. Sea to Sky Law™ advises clients on both sides of estate disputes and provides legal support for estate mediation, combining Andrew Liggett's estate law and ADR expertise to reach practical, durable outcomes.
Estimate BC probate fees based on the estate's gross value.
Can you challenge a will that left you out or treated you unfairly?
37 steps to a complete estate plan — prevent disputes before they start.
Sea to Sky Law™ — Estate Litigation
Facing an Estate Dispute? Get Advice Early.
Estate litigation in BC moves quickly once court proceedings begin. Whether you are challenging a will, defending an estate, or concerned about an executor's conduct, early legal advice protects your options.
Sea to Sky Law™ handles both sides of estate litigation — representing claimants challenging a will or executor conduct, and defending executors and beneficiaries against claims.
This page is for general information only and does not constitute legal advice. Limitation periods in estate litigation are strict — always consult a qualified BC estate lawyer promptly.
The deceased must have understood: the nature of making a will, the extent of their property, who their natural heirs are, and how the will distributes the estate. Medical evidence of dementia, cognitive decline, or mental illness at the time of signing is central to these claims.
Someone exerted pressure on the testator that overrode their free will. Unlike family law undue influence, in estate law the burden of proof is on the person challenging the will — though courts may draw an inference of undue influence from a suspicious circumstances analysis.
The will itself is a forgery, the deceased's signature was fraudulently obtained, or the testator was deceived about what they were signing. Handwriting experts and forensic analysis are often required.
BC wills must be signed by the testator in the presence of two witnesses who also sign. A will that does not meet these formal requirements under WESA may be invalid — though courts have discretion to validate improperly executed wills in limited circumstances.
Beneficiaries are entitled to a copy of the will, inventory of estate assets, and notice of any court applications.
The executor must prepare and provide a formal accounting of the estate. If disputed, the court can order a passing of accounts.
While estates take time, an executor who unreasonably delays distribution can be compelled to act and may lose their right to compensation.
Any beneficiary who believes the will is invalid, the executor is in breach, or their entitlement has been mishandled can apply to BC Supreme Court.
As a beneficiary or interested party, you are entitled to a copy of the will and related estate documents. Request them from the executor in writing. If the executor refuses, a lawyer can compel production through court.
Assess the strength of your claim with a BC estate litigation lawyer
Estate litigation is complex and expensive. Before proceeding, get a frank assessment of the merits of your claim, the likely costs, and realistic outcomes from a lawyer experienced in BC estate litigation.
Both parties exchange relevant documents — the will, medical records, financial records, correspondence, and evidence bearing on capacity or influence. Examinations for discovery (sworn questioning) may also occur.
Attempt mediated settlement (most estate disputes settle before trial)
The vast majority of BC estate disputes settle before trial, often through formal mediation. Settlement is usually faster, cheaper, and less emotionally damaging than a trial. An experienced estate litigation lawyer can advise on realistic settlement ranges.
Trial before a BC Supreme Court judge (if not settled)
If settlement is not reached, the matter proceeds to trial. The judge hears evidence from both sides — including expert witnesses where needed — and issues a judgment that may invalidate the will, remove the executor, or order redistribution of assets.
Estate Litigation BC — Contested Wills & Disputes | Sea to Sky Law
Disputed will, executor misconduct or estate fraud in BC? Our estate litigation lawyers handle contested wills, undue influence claims & removing an executor. Call us now.
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BC estate litigation — will challenges (undue influence, lack of capacity), executor disputes, and beneficiary rights. Sea to Sky Law™ handles both sides.
Estate Litigation — Contested Wills & Disputed Estates
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