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Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 12, 2026: the Wills, Estates and Succession Act (ss. 61, 68, 155) and the court decisions cited below checked that day.
Before probate: a notice of dispute generally stops the grant, and without a grant the executor usually can’t transfer the land.
After probate: file your claim and register a certificate of pending litigation against the title.
The money stays put: once a wills variation claim is filed, the estate can’t be paid out to beneficiaries without a court order (WESA s. 155).
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
The family home is often the largest asset in an estate, and the one people fight over. If you’re contesting a will and the executor lists the house for sale, you have tools to protect your position, but which one depends on timing. Before probate is granted, a notice of dispute generally prevents a grant while the dispute is dealt with, and an executor without a grant usually can’t transfer title. After the grant, a person bringing a wills variation claim can register a certificate of pending litigation against the property, which puts any buyer on notice of the claim. And once a wills variation claim is started, WESA s. 155 prevents the estate from being distributed to beneficiaries without a court order. A sale can still happen in some cases, but the proceeds can be protected. Acting quickly is what matters.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for people protecting estate property while they contest a will, and for executors managing estates under dispute; this guide is by Pardeep S. Grewal.
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The tools, stage by stage
| Stage | Tool | What it does |
|---|---|---|
| Before the grant | Notice of dispute (Supreme Court Civil Rules, Rule 25-10) | Generally prevents a grant for a period while the dispute is dealt with |
| After the grant, claim filed | Certificate of pending litigation (WESA s. 61(5)) | Registered on title within 10 days of filing; warns buyers and lenders of your claim |
| Claim filed | Distribution freeze (WESA s. 155) | No distribution to beneficiaries without a court order |
| Order made | Registering the order (WESA s. 68) | An order affecting land binds it only once registered at the land title office |
Before probate: stop the grant
If no grant has been issued, filing a notice of dispute is usually the fastest protection. It’s generally simpler to stop a grant than to have one revoked. See the probate notice and selling a house before probate.
After probate: the certificate of pending litigation
WESA allows a wills variation plaintiff to register a certificate of pending litigation against land in the estate within 10 days after filing the notice of civil claim. Courts have refused to cancel one simply because it gets in the way of the executor’s administration (Rawlins v. Rawlins, 2021 BCSC 1629 and 2022 BCSC 288; Konkin v. Harris, 2022 BCSC 1067).
Can the house still be sold?
Sometimes. A sale can go ahead by agreement or court order, often with the proceeds held until the claim is resolved. The question is usually not whether the house is sold, but whether the money is protected.
If you live in the house
Filing a claim and a certificate doesn’t automatically let a claimant stay. The court has ordered a claimant to give vacant possession while the claim continued (Dixon v. Pascus, 2005 BCSC 45).
Mistakes I have seen
- Waiting for the listing to sell before getting advice.
- Filing the claim but not registering the certificate within 10 days.
- Assuming an executor can’t do anything while a claim is coming.
Frequently asked questions
The house is already sold. Is it too late?
Not necessarily. Once a wills variation claim is filed, the proceeds can’t be distributed to beneficiaries without a court order.
Does this work for a will challenge as well as wills variation?
A notice of dispute applies before a grant to any dispute; the WESA certificate rule is specific to wills variation claims.
Can I afford to bring a claim?
We take suitable wills variation claims and will challenges on contingency, so you don’t need savings to bring one.
What should I do right now?
Find out whether probate has been applied for or granted, search the title, and note any listing date.
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 what happens to the estate during a claim.
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Sources
- Wills, Estates and Succession Act (ss. 61, 68, 155), BC Laws
- Supreme Court Civil Rules, B.C. Reg. 168/2009, Rule 25-10 (notice of dispute)
- Rawlins v. Rawlins, 2021 BCSC 1629, 2022 BCSC 288; Konkin v. Harris, 2022 BCSC 1067; Dixon v. Pascus, 2005 BCSC 45; Clozza v. Buck Estate, 2016 BCSC 1358, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.16, 10.19
This article is general information about BC law, not legal advice for your situation.