What happens in a wills variation claim in BC, step by step

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 12, 2026

Published November 12, 2026

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 12, 2026: the Wills, Estates and Succession Act (ss. 60, 61, 155) and the Supreme Court Civil Rules (Rule 21-6) checked that day.

A wills variation claim is a lawsuit in the Supreme Court of British Columbia, but most never reach a courtroom. It starts with a notice of civil claim, filed within 180 days of the grant of probate and served on the executor within 30 days after that. The will-maker’s spouse and all children, every beneficiary whose gift could be affected, and the executor are named as parties. Once the claim is filed, the estate generally can’t be distributed without a court order, and the claimant can register a certificate of pending litigation against estate land. The parties then exchange documents, may examine each other under oath, and usually go to mediation, where many claims settle. Claims that don’t settle are decided at a summary trial, based on affidavits, or a full trial. Settlements involving minors or incapable people need court approval.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, takes wills variation claims from first meeting to settlement or trial; this guide is by Sundeep S. Grewal.

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The steps

1. First meeting: we review the will, the estate, your relationship with the will-maker and the grant date, and tell you whether we can act on contingency.
2. Notice of civil claim: filed in the BC Supreme Court within 180 days of the grant. It can be filed before probate is granted. See the 180-day deadline.
3. Service: on the executor within 30 days after the 180 days end, on all other parties, and on the Public Guardian and Trustee if a minor or incapable person is involved.
4. Protecting the estate: a certificate of pending litigation can be registered against estate land within 10 days of filing, and distribution is frozen without a court order.
5. Responses: the defendants file responses; other spouses or children can add their own claims in their response.
6. Documents and discovery: each side exchanges documents, which can include the drafting lawyer’s file and medical records, and parties may be examined under oath.
7. Mediation: a neutral mediator helps the parties negotiate; any party can require one with a notice to mediate. See estate mediation.
8. Settlement: if all parties are adults with capacity and own the whole interest, they can settle privately; otherwise the court approves it.
9. Trial: a summary trial on affidavit evidence, or a full trial with witnesses. The judge decides what’s adequate, just and equitable.

Who must be a party

• The will-maker’s surviving spouse and all children.
• Every beneficiary whose gift could be affected.
• The executor (the “estate” itself isn’t named).

Money during the claim

Beneficiaries or claimants who need funds before the case ends can apply for an interim distribution. The court considers how much is sought compared with the estate, the parties’ claims, their need, and whether the residuary beneficiaries consent.

The evidence that decides these cases

• The will-maker’s reasons, written or spoken, and whether they were true.
• Each party’s relationship with the will-maker, contributions and care.
• Gifts made during life and assets passing outside the will.
• Each party’s financial and personal circumstances.

Mistakes I have seen

• Filing in time but serving the executor late.
• Leaving out a child or beneficiary who must be a party.
• Letting the claim sit for years without moving it forward; courts can dismiss stale claims.
• Selling or distributing estate property after a claim is filed.

Frequently asked questions

Do I have to go to court?

Most claims settle through negotiation or mediation. Court is the backstop if they don’t.

Can the executor sell the house while the claim is ongoing?

Not without the parties’ agreement or a court order, and a certificate of pending litigation protects the land.

How do I pay for it?

We take suitable wills variation claims on contingency, so you don’t pay legal fees as the case goes along.

What should I do right now?

Find the grant date today, and gather the will and anything you know about the estate’s assets.

We take suitable wills variation claims and will challenges on contingency, so you don’t need savings to bring one. See how to pay for a will challenge.

Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver. See also wills variation claims.

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Sources

• Wills, Estates and Succession Act (ss. 60, 61, 155), BC Laws
• Supreme Court Civil Rules, Rules 20-2, 21-6, BC Laws
• Mayer v. Mayer Estate, 2018 BCSC 2225, 2020 BCCA 282; Clozza v. Buck Estate, 2016 BCSC 1358; Behnke v. Behnke Estate, 1994 CanLII 2334 (BC SC), as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.11, 10.13 to 10.22

This article is general information about BC law, not legal advice for your situation.