Sundeep S. Grewal
Founder · Barrister & Solicitor
Appears regularly in the Provincial and Supreme Courts of BC, from chambers applications to contested trials.
Full profileEstate litigation · British Columbia
Estate litigation lawyers in Abbotsford, Surrey and Vancouver
When a family disagrees about a will or how an estate is being handled, the stakes are both financial and personal. We give you a candid assessment of your case and represent you in negotiation, mediation and the Supreme Court of British Columbia.
- Will challenges and wills variation claims
- Disputes with executors and trustees
- Courtroom experience in the Provincial and Supreme Courts of BC
Book an estate litigation consultation
Tell us a little about the dispute and we'll be in touch to arrange a time.
Strict deadlines apply. A claim to vary a will must be started within 180 days of the grant of probate in BC. Check your deadline
Left out of a will?
Wills variation claims in BC
Under section 60 of the Wills, Estates and Succession Act, a spouse or child can ask the court to vary a will that does not make adequate provision for them. The court can order what it considers adequate, just and equitable in the circumstances.
- Who can claim: the will-maker's spouse and children, including adult children.
- What the court looks at: the will-maker's legal obligations and the moral obligations a judicious parent or spouse would recognize, alongside any reasons the will-maker gave.
- The outcome: the court can change how the estate is divided, but it will not simply rewrite the will to be equal.
Not every unfair will can be changed. We tell you candidly how strong your claim is before you commit to litigation.
Wills variation deadline calculator
Enter the date the grant of probate was issued in BC.
- Last day to start the claim (180 days)
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- Last day to serve the executor (30 days after that)
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An estimate based on section 61 of the Act. Do not rely on it alone; speak to a lawyer well before the deadline.
Most estate disputes resolve without a full trial. We prepare every case as if it might go to court, which puts you in a stronger position to settle.
- Review your caseWe review the will, the estate and your position, and give you an honest view of your options and the risks.
- Gather the evidenceMedical records, financial records, earlier wills and witness accounts that support your claim.
- Negotiate or mediateWe work toward a fair settlement that avoids the cost and strain of a trial where possible.
- Go to court if neededIf settlement is not possible, we represent you in the Supreme Court of British Columbia.
Estate litigation questions we hear often
Yes, on several grounds: the will was not properly signed and witnessed, the will-maker lacked mental capacity, someone exerted undue influence, or the will was made in suspicious circumstances. Spouses and children can also ask the court to vary a will that does not adequately provide for them.
A wills variation claim must be started within 180 days of the grant of probate in BC, and the executor must be served within 30 days after that. Other challenges have different time limits. Because deadlines are strict, get advice as early as possible.
Possibly. In BC, children, including adult children, can bring a wills variation claim if the will does not make adequate provision for them. The strength of the claim depends on the circumstances, including any reasons the parent gave.
Undue influence is when someone pressures or manipulates a will-maker so the will reflects that person’s wishes rather than the will-maker’s. In BC, if the person was in a position of dependence or domination over the will-maker, the burden can shift to them to show they did not use undue influence.
In some circumstances, yes. The court can remove or replace an executor, for example where serious misconduct or a conflict of interest prevents the estate from being properly administered.
Most estate disputes settle through negotiation or mediation. We prepare each case thoroughly so you are in a strong position whether it settles or goes to court.
It depends on the complexity of the dispute and how it is resolved. We discuss costs and a cost-conscious strategy at your first consultation.
Estate litigation help in Abbotsford, Surrey and Vancouver
Meet with an estate litigation lawyer at the office closest to you, or by phone or video from anywhere in British Columbia.
Estate litigation in Abbotsford
For families across the Fraser Valley, including Abbotsford, Mission and Chilliwack.
Office 1211, #104-32615 South Fraser Way, Abbotsford, BC V2T 1X8 Abbotsford officeEstate litigation in Surrey
For families in Surrey, Delta, Langley and White Rock.
#208-5455 152 Street, Surrey, BC V3S 5A5 Surrey officeEstate litigation in Vancouver
For families in Vancouver, Burnaby and Richmond.
#1300, 1500 W. Georgia Street, Vancouver, BC V6G 2Z6 Vancouver officeWorried about a deadline?
Talk to us now. We'll tell you where you stand and what needs to happen next. Probate already granted? See our probate page for how the estate is administered.