An estate dispute happens when people disagree about what should happen with someone’s money, property, or other assets after they pass away. These disagreements often arise between family members, beneficiaries, or executors. Sometimes the fight is about whether a will is valid, how assets are divided, or whether the executor is doing their job properly. Because estates involve both family relationships and financial matters, these disputes can be stressful and emotional.
At CityLaw Group, our estate litigation lawyers in Surrey, BC help people across British Columbia resolve these conflicts. Whether you need to challenge a will, question an executor, or claim support as a spouse or dependent, our team will guide you step by step and work toward a fair result.
Common Estate Disputes in BC
Estate litigation can arise for many reasons. The most common include:
Will Challenges: Disputes over validity due to undue influence, lack of capacity, fraud, or improper execution.
Executor and Trustee Disputes: Concerns about mismanagement, conflicts of interest, or breach of fiduciary duty.
Beneficiary Conflicts: Disagreements over asset distribution or unequal treatment among heirs.
Dependents’ Relief Claims: When spouses, children, or dependents believe they were not adequately provided for under the will.
Intestacy Disputes: When there is no valid will, provincial intestacy laws determine how assets are divided.
Deadlines and Limitation Periods
Time limits are critical in estate litigation, and in British Columbia they are strict. If you want to bring a wills variation claim, you must start it within 180 days from the date the grant of probate is issued, if you missed that window and you generally lose the right to claim. If you are challenging the validity of a will (for example, on grounds of undue influence or lack of capacity), the limitation period is typically two years from when you knew or ought to have known of the grounds. Because these deadlines are short and unforgiving, it’s important to get legal advice as early as possible.
How BC Law Governs Estate Disputes?
British Columbia has laws that explain how a person’s estate is divided after they pass away and how disputes are resolved when issues arise. The Wills, Estates and Succession Act (WESA) is the most significant governing law. WESA allows courts to recognize a document as a will if it represents the deceased’s testamentary intentions, even when it doesn’t meet all formal requirements. It also gives spouses and children the ability to contest a will they believe is unfair or fails to adequately provide for them. WESA’s intestacy provisions further specify how estates are divided when there is no valid will.
Our Approach to Estate Litigation
We know estate disputes affect both legal matters and family relationships. Here is how we approach them:
- Review your case early to understand the facts and possible results.
- Try to settle through negotiation or mediation instead of going to court.
- Stand up for you in court if a trial is needed.
- Develop a plan that matches your case.
How CityLaw Can Help?
CityLaw Group has a team of top lawyers with over 16 years of experience in handling multiple cases. We understand estate laws, and we have the experience to deal with these cases. We offer practical solutions that save money and protect your interests. Contact CityLaw today to speak with experienced estate litigation lawyers.
