Published
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 (s. 60) and the court decisions cited below checked that day.
Most settle, often at mediation, well before trial.
Any party can require mediation by serving a Notice to Mediate.
Court approval is needed if a party is a minor or incapable, or not everyone with an interest has agreed.
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.
Most wills variation claims in BC never reach a trial. They settle, often at a mediation where a neutral mediator helps the family reach an agreement, informed by what courts have awarded in similar cases. Any party to a wills variation action can require the others to attend mediation. Where every party is an adult with capacity and everyone with an interest in the estate is part of the deal, the settlement can be made without the court. Where a minor, an incapable person or a future interest is involved, the court must approve it, and the court has refused approval where the claim itself wasn’t made out. Formal offers to settle can also shift legal costs at the end of the case, which gives both sides a reason to make realistic offers early.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for claimants and estates negotiating and mediating wills variation settlements; this guide is by Pardeep S. Grewal.
Leave your details and our team will contact you to arrange a time with a lawyer. Or call (778) 598-3785.
Thank you, we have your request
A member of our team will contact you to arrange a time. If your matter is urgent, call us at (778) 598-3785, Monday to Friday, 9:00 am – 5:00 pm.
Mediation
Under the Notice to Mediate (General) Regulation, any party to a wills variation action can require the others to attend mediation. For how a mediation day works, see estate mediation in BC.
When the court must approve
| Situation | Court order needed? |
|---|---|
| All parties are adults with capacity and everyone with an interest agrees | No; the claim is discontinued or dismissed by consent |
| A party is a minor or mentally incapable | Yes |
| Some interests aren’t yet vested, such as future or unborn beneficiaries | Yes |
| The deal uses a spousal trust or registered plan rollover for tax | Yes |
When asked to approve, the court must see a reasonable basis for the order, and it can refuse if the will wasn’t shown to be inadequate (Behnke v. Behnke Estate, 1994 CanLII 2334 (BC SC); Pulham v. Yorkshire Trust Co., 1979 CanLII 698 (BC SC)).
Formal offers and costs
A formal offer to settle under Supreme Court Civil Rule 9-1 can affect who pays costs if the case goes to trial, but only if it includes the warning language the Rule requires (Wiseman v. Perrey, 2013 BCSC 904). Where an estate holds assets whose value may change, a share expressed as a percentage can be better than a fixed sum (Graham v. Chalmers, 2010 BCCA 13).
What drives a settlement
- How similar cases have been decided. See wills variation awards.
- The size of the estate and the cost of a trial.
- The evidence on the will-maker’s reasons, contributions and gifts outside the will.
- Each side’s need for certainty and to move on.
Mistakes I have seen
- Going into mediation without the estate’s full financial picture.
- Making offers without the required Rule 9-1 wording.
- Signing a family deal that needs court approval and never getting it.
Frequently asked questions
When does mediation usually happen?
Usually after documents are exchanged, when both sides understand the estate and the evidence.
Is what I say at mediation used against me?
Mediation discussions are generally confidential and made to reach a settlement.
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?
Gather the will, the estate’s asset list and what each family member received during the will-maker’s life.
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 the steps in a wills variation claim.
Ready to book? Open the booking form ↑
Sources
- Wills, Estates and Succession Act (s. 60), BC Laws
- Notice to Mediate (General) Regulation, B.C. Reg. 4/2001; Supreme Court Civil Rules, Rule 9-1
- Behnke v. Behnke Estate, 1994 CanLII 2334 (BC SC); Pulham v. Yorkshire Trust Co., 1979 CanLII 698 (BC SC); Wiseman v. Perrey, 2013 BCSC 904; Graham v. Chalmers, 2010 BCCA 13, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.21, 10.22, 10.37
This article is general information about BC law, not legal advice for your situation.