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 11, 2026: the Law Society of BC’s guidance on lawyers’ fees and the court decisions cited below checked that day.
You don’t need savings to bring a claim. We take suitable wills variation claims and will challenges on contingency.
Contingency means: our fee is a percentage of what you recover, agreed in writing at the start, and paid out of the recovery.
Other options: hourly or limited-scope help, and in some cases legal costs paid from the estate.
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.
Many people with a strong claim against a parent’s or spouse’s estate never bring it, because they assume they need money up front to pay a lawyer. In many cases they don’t. A contingency fee lets you bring a wills variation claim, or a challenge to a will’s validity, without paying legal fees as the case goes along. Our fee is a percentage of what you recover, agreed in writing before we start, and it’s paid from the recovery at the end, whether the case settles or goes to trial. That puts the lawyer’s interest in the same place as yours: getting a fair result from the estate. Most estate disputes settle, often at mediation, so many claims are resolved well before trial. We take suitable wills variation claims and will challenges on contingency, and we’ll tell you at your first meeting whether yours is one.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, takes suitable wills variation claims and will challenges on contingency; this guide is by Sundeep S. Grewal.
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How a contingency fee works
- First meeting: we review the will, the estate and your relationship with the will-maker, and tell you whether we can take the claim on contingency.
- Written agreement: the percentage and how it applies are set out in writing before work starts.
- We do the work: notices, the court claim, document exchange, mediation and, if needed, trial.
- When the case resolves: our fee is paid as the agreed percentage of what you recover, from the recovery itself.
Which claims suit contingency
- Wills variation claims by a child or spouse left out or left too little. See wills variation claims.
- Challenges to a will’s validity: lack of capacity, undue influence, or improper signing. See a will changed shortly before death.
- Claims over property moved outside the estate, such as a house or accounts put in one child’s name. See assets moved into joint names.
We look at the strength of the claim, the evidence and the size of the estate.
Other ways to fund a claim
| Option | How it works |
|---|---|
| Contingency | A percentage of what you recover, agreed in writing, paid from the recovery |
| Hourly | You pay for time spent as the case goes along |
| Limited scope | Help with one step, such as advice, a demand letter or mediation |
| Costs from the estate | In some disputes, especially where the will-maker’s own conduct caused the litigation, courts have ordered legal costs paid out of the estate |
Court costs in estate cases
Separate from your own lawyer’s fee, the court can order one side to contribute to the other side’s legal costs. In wills variation claims, a successful claimant can recover part of their costs from the other side. In disputes about a will’s validity or meaning that the will-maker’s conduct caused, courts have ordered all parties’ costs paid from the estate. An executor who stays neutral is generally paid from the estate. We explain how costs work in your case at the first meeting, and how they fit with your fee agreement.
Most claims settle
Estate disputes usually settle through negotiation or mediation. A well-timed offer to settle can also bring a case to an end sooner. See estate mediation.
Mistakes I have seen
- Letting the 180-day wills variation deadline pass because of worry about cost.
- Assuming you need a large retainer before a lawyer will look at the claim.
- Waiting for family to “sort it out” until the evidence and deadlines are gone.
Frequently asked questions
Do you take wills variation claims and will challenges on contingency?
Yes, in suitable cases. We’ll assess your claim and tell you at the first meeting.
What percentage do you charge?
It depends on the claim, and it’s agreed in writing before we start. We’ll go through it with you at the first meeting.
Do I pay anything as the case goes along?
Under a contingency agreement, our fee is paid from what you recover when the case resolves. We’ll explain any out-of-pocket items in the agreement.
What if the case settles early?
The agreed percentage applies to the settlement. Most estate disputes settle.
What should I do right now?
Check the date probate was granted, so you know the 180-day deadline, and gather the will and a rough list of the estate’s assets.
Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver.
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Sources
- Law Society of BC, Lawyers’ fees
- Supreme Court Civil Rules, Rule 14-1 (costs), BC Laws
- Vielbig v. Waterland Estate, 1995 CanLII 2544 (BC CA); Mazur v. Berg, 2010 BCSC 109; Scurek v. Scurek, 2020 BCSC 821, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §§10.35 to 10.37
This article is general information about BC law, not legal advice for your situation.