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What happens to the estate while a wills variation claim is pending in BC

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

Published

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 (s. 155) and the court decisions cited below checked that day.

No payouts to beneficiaries without a court order once a wills variation claim is started (WESA s. 155).

Interim payments are possible: the court weighs the amount, the claims, the need and the consent of the residuary beneficiaries.

Administration continues: the executor still protects and manages the estate.

The freeze · Book a consultation

The lawyers who handle these estate files

Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
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.

When a spouse or child starts a wills variation claim, the estate doesn’t stop, but it can’t be handed out. WESA s. 155 prohibits distribution of the estate during a wills variation action without a court order, on top of the general rule that executors don’t distribute within 210 days after the grant. The executor still has to protect, manage and administer the estate in the meantime. A beneficiary or claimant who needs money before the case ends can ask the court for an interim distribution. The court considers how much is sought compared with the estate, the strength of the claims on the will-maker, the beneficiaries’ need, and whether the residuary beneficiaries consent, and it may look at the merits of the claim. Specific gifts can sometimes be paid where there’s little risk the variation will need those funds.

Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for claimants, beneficiaries and executors on estates held during wills variation claims; this guide is by Sundeep S. Grewal.

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The freeze

Distribution rules under WESA s. 155
Period Rule
First 210 days after the grant Executor generally shouldn’t distribute
Wills variation claim filed No distribution without a court order until it’s resolved
Claim resolved Distribution according to the will as varied, or the settlement

Getting an interim payment

The court considers four things (Clozza v. Buck Estate, 2016 BCSC 1358):

  1. The amount sought compared with the value of the estate.
  2. The beneficiaries’ claims on the will-maker.
  3. The beneficiaries’ need for money.
  4. Whether the residuary beneficiaries consent.

Notice must go to everyone who may be affected, not just the executor. The court may take a preliminary look at the merits of the claim (Hecht v. Hecht Estate, 1991 CanLII 963 (BC CA); Davis v. Burns Estate, 2016 BCSC 1982). A gift can be paid during the claim where the risk that the variation will need those funds is remote (Hecht v. Hecht Estate, 1990 CanLII 1938 (BC SC)).

Property during the claim

A claimant can register a certificate of pending litigation against land in the estate, and a claimant living in an estate home may still be ordered to give vacant possession (Dixon v. Pascus, 2005 BCSC 45). See an executor selling the house.

What the executor still does

  • Protects and insures estate property.
  • Pays debts and files tax returns. See the T3 estate return.
  • Takes a neutral role in the claim and keeps accounts.

Mistakes I have seen

  • An executor paying beneficiaries after a claim is filed.
  • Asking the executor alone for an advance instead of giving notice to everyone affected.
  • Assuming nothing can be paid until trial.

Frequently asked questions

I’m a beneficiary, not the claimant. Can I get anything now?

Possibly. You can ask the court for an interim distribution, and the other parties may consent.

Does the estate earn interest while frozen?

The estate’s investments continue; how gains and costs are shared is part of the outcome or 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?

Find out the grant date and whether a claim has been filed, and ask the executor for a statement of 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.

Ready to book? Open the booking form ↑

Sources

  • Wills, Estates and Succession Act (s. 155), BC Laws
  • Clozza v. Buck Estate, 2016 BCSC 1358; Hecht v. Hecht Estate, 1990 CanLII 1938 (BC SC), 1991 CanLII 963 (BC CA); Davis v. Burns Estate, 2016 BCSC 1982; Dixon v. Pascus, 2005 BCSC 45, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.16, 10.19, 10.36

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