{"id":2441,"date":"2026-11-12T13:48:39","date_gmt":"2026-11-12T13:48:39","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/wills-variation-claim-steps-bc\/"},"modified":"2026-11-12T13:48:39","modified_gmt":"2026-11-12T13:48:39","slug":"wills-variation-claim-steps-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/wills-variation-claim-steps-bc\/","title":{"rendered":"What happens in a wills variation claim in BC, step by step"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/p>\n

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<\/a>.<\/em><\/p>\n

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.<\/em><\/p>\n

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Start:<\/strong> a notice of civil claim in the BC Supreme Court, within 180 days of the grant, served on the executor within 30 days after that.<\/p>\n

Meanwhile:<\/strong> the estate generally can’t be distributed without a court order, and land can be protected with a certificate of pending litigation.<\/p>\n

End:<\/strong> most claims settle, often at mediation; the rest go to a summary trial or a full trial.<\/p>\n

The steps<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

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

The steps<\/h2>\n
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  1. First meeting:<\/strong> 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.<\/li>\n
  2. Notice of civil claim:<\/strong> 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<\/a>.<\/li>\n
  3. Service:<\/strong> 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.<\/li>\n
  4. Protecting the estate:<\/strong> a certificate of pending litigation can be registered against estate land within 10 days of filing, and distribution is frozen without a court order.<\/li>\n
  5. Responses:<\/strong> the defendants file responses; other spouses or children can add their own claims in their response.<\/li>\n
  6. Documents and discovery:<\/strong> each side exchanges documents, which can include the drafting lawyer’s file and medical records, and parties may be examined under oath.<\/li>\n
  7. Mediation:<\/strong> a neutral mediator helps the parties negotiate; any party can require one with a notice to mediate. See estate mediation<\/a>.<\/li>\n
  8. Settlement:<\/strong> if all parties are adults with capacity and own the whole interest, they can settle privately; otherwise the court approves it.<\/li>\n
  9. Trial:<\/strong> a summary trial on affidavit evidence, or a full trial with witnesses. The judge decides what’s adequate, just and equitable.<\/li>\n<\/ol>\n

    Who must be a party<\/h2>\n