{"id":2453,"date":"2026-11-12T15:01:07","date_gmt":"2026-11-12T15:01:07","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/wills-variation-settlement-bc\/"},"modified":"2026-11-12T15:01:07","modified_gmt":"2026-11-12T15:01:07","slug":"wills-variation-settlement-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/wills-variation-settlement-bc\/","title":{"rendered":"How wills variation claims settle in BC"},"content":{"rendered":"

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

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

Updated November 12, 2026: the Wills, Estates and Succession Act (s. 60) and the court decisions cited below checked that day.<\/em><\/p>\n

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Most settle,<\/strong> often at mediation, well before trial.<\/p>\n

Any party can require mediation<\/strong> by serving a Notice to Mediate.<\/p>\n

Court approval is needed<\/strong> if a party is a minor or incapable, or not everyone with an interest has agreed.<\/p>\n

Mediation<\/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
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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

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.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate litigation law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, acts for claimants and estates negotiating and mediating wills variation settlements; this guide is by Pardeep S. Grewal.<\/p>\n

Mediation<\/h2>\n

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

When the court must approve<\/h2>\n
\n\n\n\n\n\n\n\n\n
Does the settlement need a court order?<\/caption>\n
Situation<\/th>\nCourt order needed?<\/th>\n<\/tr>\n<\/thead>\n
All parties are adults with capacity and everyone with an interest agrees<\/td>\nNo; the claim is discontinued or dismissed by consent<\/td>\n<\/tr>\n
A party is a minor or mentally incapable<\/td>\nYes<\/td>\n<\/tr>\n
Some interests aren’t yet vested, such as future or unborn beneficiaries<\/td>\nYes<\/td>\n<\/tr>\n
The deal uses a spousal trust or registered plan rollover for tax<\/td>\nYes<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

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<\/em>, 1994 CanLII 2334 (BC SC); Pulham v. Yorkshire Trust Co.<\/em>, 1979 CanLII 698 (BC SC)).<\/p>\n

Formal offers and costs<\/h2>\n

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<\/em>, 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<\/em>, 2010 BCCA 13).<\/p>\n

What drives a settlement<\/h2>\n