Baker Newby
  • Our Firm
    • Our Team
    • What’s New
    • Our Community
    • Our History
  • Business Services
    • Agriculture
    • Business Financing
    • Business Structures
    • Purchases, Sales and Other Commercial Transactions
    • Commercial Dispute Resolution
    • Construction Law
    • Contracts and Other Legal Documents
    • Employment Law
    • Land Transactions
    • Indigenous Law
    • Privacy Law
    • Succession Planning
  • Dispute Resolution
    • Negotiation Services
    • Mediation Services
    • Arbitration Services
    • Litigation Strategy
    • Parenting Coordinator
  • Personal Services
    • Family Law
    • Estate and Wealth Preservation Law
    • Real Estate Law
    • Employment Law
    • Estate Litigation
    • Criminal Defence Law
    • Personal Injury Law
    • Privacy Law
    • Insurance Law
    • Disability Insurance
    • Slip and Fall
  • Blog
  • Mediators
  • Career Opportunities
  • Our Firm
    • Our Team
    • What’s New
    • Our Community
    • Our History
  • Business Services
    • Agriculture
    • Business Financing
    • Business Structures
    • Purchases, Sales and Other Commercial Transactions
    • Commercial Dispute Resolution
    • Construction Law
    • Contracts and Other Legal Documents
    • Employment Law
    • Land Transactions
    • Indigenous Law
    • Privacy Law
    • Succession Planning
  • Dispute Resolution
    • Negotiation Services
    • Mediation Services
    • Arbitration Services
    • Litigation Strategy
    • Parenting Coordinator
  • Personal Services
    • Family Law
    • Estate and Wealth Preservation Law
    • Real Estate Law
    • Employment Law
    • Estate Litigation
    • Criminal Defence Law
    • Personal Injury Law
    • Privacy Law
    • Insurance Law
    • Disability Insurance
    • Slip and Fall
  • Blog
  • Mediators
  • Career Opportunities
Contact Us

Chilliwack Office
9259 Main Street
Chilliwack, BC V2P 4M8
(604) 792-1376

Abbotsford Office
200 – 2955 Gladwin Rd,
Abbotsford BC V2T 5T4
(604) 852-3646

Add Your Heading Text Here

Baker Newby
  • Our Firm
    • Our Team
    • What’s New
    • Our Community
  • Business Services
    • Agriculture
    • Business Financing
    • Business Structures
    • Purchases, Sales and Other Commercial Transactions
    • Commercial Dispute Resolution
    • Construction Law
    • Contracts and Other Legal Documents
    • Employment Law
    • Indigenous Law
    • Land Transactions
    • Privacy Law
    • Succession Planning
  • Dispute Resolution
    • Negotiation Services
    • Mediation Services
    • Arbitration Services
    • Litigation Strategy
    • Parenting Coordinator
  • Personal Services
    • Family Law
    • Estate and Wealth Preservation Law
    • Real Estate Law
    • Employment Law
    • Estate Litigation
    • Criminal Defence Law
    • Personal Injury Law
    • Privacy Law
    • Insurance Law
    • Disability Insurance Law
    • Slip & Fall Law
  • Blog
  • Mediators
  • Career Opportunities
  • Our Firm
    • Our Team
    • What’s New
    • Our Community
  • Business Services
    • Agriculture
    • Business Financing
    • Business Structures
    • Purchases, Sales and Other Commercial Transactions
    • Commercial Dispute Resolution
    • Construction Law
    • Contracts and Other Legal Documents
    • Employment Law
    • Indigenous Law
    • Land Transactions
    • Privacy Law
    • Succession Planning
  • Dispute Resolution
    • Negotiation Services
    • Mediation Services
    • Arbitration Services
    • Litigation Strategy
    • Parenting Coordinator
  • Personal Services
    • Family Law
    • Estate and Wealth Preservation Law
    • Real Estate Law
    • Employment Law
    • Estate Litigation
    • Criminal Defence Law
    • Personal Injury Law
    • Privacy Law
    • Insurance Law
    • Disability Insurance Law
    • Slip & Fall Law
  • Blog
  • Mediators
  • Career Opportunities

Navigating Estate Litigation in British Columbia: What You Need to Know

Estate Litigation
January 29, 2025
Loading...

Estate disputes can feel like navigating a stormy sea—emotions run high, and legal complexities often cloud the way forward.  Whether you’re questioning the validity of a will, concerned about an unfair distribution, or seeking clarity about your rights, understanding the basics of estate litigation in British Columbia is the first step toward resolving your concerns. This article will break down the key terms and concepts to help you decide whether its time to consult a lawyer.

 

What is Estate Litigation?

Estate litigation refers to legal disputes that arise over a deceased person’s estate.  These disputes often center on the validity of a will, disagreements over asset distribution, or claims against the estate.  The goal of estate litigation is to resolve conflicts and ensure that the law—and the wishes of the deceased—are respected.

 

Key Terms in Estate Litigation

  • Will:  A legal document outlining how a person’s assets should be distributed after their death.
  • Executor:  The individual named in the will to administer the estate and carry out the deceased’s wishes.
  • Beneficiary:  A person or organization named in the will to receive assets.
  • Intestate:  When someone dies without a valid will, their estate is distributed according to British Columbia’s Wills, Estates and Succession Act (WESA).
  • Validity of a Will:  Challenges can arise if a will is suspected of being forged, created under duress, or influenced by fraud.

 

Core Legal Concepts in Estate Litigation

  • Wills, Estates and Succession Act (WESA)

This is the primary legislation governing estate disputes in British Columbia.  WESA covers everything from determining valid wills to resolving intestacy issues.

  • Dependents’ Relief Claims

Under WESA, spouses and children may contest a will if they feel it does not provide adequate support.  The court has the discretion to redistribute assets to ensure fairness.

  • Marriage-Like Relationships

British Columbia’s legislation recognizes both legally married spouses and those in “marriage-like” relationships of at least two years.  This inclusive definition reflects modern relationship dynamics but has led to increased litigation concerning the determination of “marriage-like” relationships and their implications for estate succession. 

  • Court Validation of Non-Compliant Wills

WESA grants courts the authority to validate documents that do not meet traditional formalities of a will, provided there is clear evidence of the deceased’s testamentary intentions. This provision allows for greater flexibility in upholding the wishes of the deceased, even if the documents deviate from standard legal requirements. 

  • Executor Responsibilities

Executors are required to act in the best interest of the estate and beneficiaries. Mismanagement can lead to disputes and potential legal action.

 

When to Seek a Lawyer

If you’re facing an estate dispute, a lawyer experienced in estate litigation can provide critical guidance.  They can help you understand your rights, assess the strength of your claim, and navigate the court process if necessary. With emotions often running high in these cases, having an objective professional by your side is invaluable.

If you’re considering legal action or need advice on an estate matter, contact us today for a consultation. Our experienced team is here to provide you with clear, practical guidance tailored to your situation.

Related Posts

New British Columbia Societies Act

In the spring of 2015, the new Societies Act (British Columbia) (the “New Act”) was passed which will replace the

Read More »
October 17, 2016

Multiple Wills – Benefits, Risks and Uncertainties by Jordan Forsyth

Before the Wills, Estates and Succession Act (British Columbia) (“WESA”) came into force in March 2014, any executor applying for

Read More »
October 17, 2016

Death, Taxes, and the IRS

Benjamin Franklin once observed that “in this world, nothing is certain except death and taxes”, but recent developments with the

Read More »
October 11, 2016
Baker Newby

Get our newsletter delivered to your inbox.

How Can We Help You?

Get Connected

Facebook Twitter Youtube Linkedin-in Instagram
Contact Us

© 2023 Baker Newby Full-Service Lawyers. All rights reserved. 

Privacy Policy | Designed by Jelly Digital Marketing & PR