Speak with a BC Estate Litigation Lawyer

We've been BC estate litigation lawyers for more than 30 years.

We act for people who dispute a Will or must contend with a Will that is in dispute. If you have an estate litigation matter, we're pleased to offer $50 off your estate litigation consultation... just ask for it when you call us toll free at 1-855-467-0505.

Our BC Estate Litigation Lawyers

Estate Litigation Legal Services We Provide

For more than 30 years, we've been providing BC estate litigation services involving a wide variety of estate litigaton matters.

John Campbell and Steve Burton (founding partners) lead our estate litigation legal team. Their extensive litigation and estate experience have helped many clients with their estate matters - both in litigating and probating estates.

What is Estate Litigation?

Estate litigation generally refers to actions involving claims made against an estate. The process most commonly involves applying to vary a Will, have the Will set aside or a claim against an estate without a Will.

It can also involve a contractual claim against an estate or a tort claim for damages against an estate.

The claim made against an estate most commonly seeks to change or vary the will. The legal mechanism for doing this is the Wills Variation Act.

Meet John Campbell

John Campbell is the lead litigation counsel in our estate litigation department.

John Campbell BC Estate Litigation Lawyer

Click here to read John's bio.

Our Office Locations

We have several BC offices for your convenience. They are:

- Langley
- Surrey
- Abbotsford
- Chilliwack
- Maple Ridge
- Aldergrove.

Call us toll free at 1-855-467-0505 to schedule a consultation to discuss your estate litigation matter with our BC estate litigation lawyer.

6 Main Types of Estate Litigation

1. Vary the Will

A spouse, common law partner and/or child of the deceased can apply to vary a Will. The main basis for varying to a Will is that the Will inadequately provided for the applicant(s) for their proper maintenance. There may be other issues involved, which we can discuss with you during an initial consultation.

2. Apply to have the Will set aside

Some estate litigation matters involve applying to have the Will set aside. The most common basis for doing so is that the deceased was not of sound mind when signing the Will.

3. Claiming against the estate when no Will exists

When someone dies without a Will, the law sets out how an estate is to be distributed. However, this does not mean that a prospective beneficiary of the Will cannot apply for a distribution of the estate that is different than what the law dictates.

Again, this is something that you can discuss with one of our BC estate litigation lawyers during an initial consultation.

4. Contractual claim against the Estate

If the deceased had contracted to pay somebody for whatever reason and full or partial payment is owing based on an oral contract, the owed person can claim against the estate. If such a claim succeeds, the difficult aspects including proving the oral contract existed and if it did, determining what is owed. There are 2 methods for evaluating the claim and they are Quantum Meruit and Unjust Enrichment.

A claimant under this process does not have to be a spouse, common law partner, or child of the deceased.

5. Tort claim against an Estate

A tort claim is a claim for damages, usually stemming from personal injury. If a person who is a defendant or respondent to a tort action dies, the claim for personal injury continues against the estate.

6. Creditors claim against an Estate

Creditors don't usually give up their right to repayment when a person dies. The creditors, when a borrower dies, have a claim against the estate for repayment. This is common (consider outstanding credit card payments, mortgage, etc.) and is generally taken care of during the probating of an estate.

Testimonials

“Thank you for all your advice over the years.”

I.J.

“Thanks for your legal assistance. Your expertise has made dealing with my husband’s death much easier.”

R.L.

"Thanks, John, for being in my corner during the dark days when I thought the other side would drive me crazy"

SSJC (Kelowna)

“Thanks, Steve. Your patient guidance has helped keep our family together after my spouse’s death.”

D.R.