Estate Litigation

Print
Download PDF
Share
Print
Download PDF
Share

We help our clients resolve estate disputes with clarity, compassion, and strategic advocacy—protecting their rights and their loved one’s legacy.

The emotional and practical challenges that arise on the loss of a family member or loved one are compounded by legal disputes concerning their estate. Our experienced estate litigation team guides clients through the complex and sensitive issues that can follow a death, including disputes involving wills, trusts, and duties of fiduciaries (trustees, executors, attorneys under a power of attorney instrument). We are solution-oriented and tailor our approach to fit the unique and personal nature of each client’s circumstances.

Our Expertise

We act for children, spouses, beneficiaries, executors, trustees, attorneys, committees, and other interested parties in estate litigation matters at all levels of court, as well as at mediations and other forms of alternative dispute resolution.

Our team regularly handles cases involving the validity of wills, the interpretation of wills clauses, wills variation claims under the Wills, Estates and Succession Act, trust claims, and unjust enrichment. We also act in disputes involving incapacity, committeeship applications, claims by or against powers of attorney, and accounting disputes.

Representative Work

  • Challenges to the validity of a will, trust, or asset transfer by way of gift, beneficiary designation, or jointure (lack of capacity, undue influence, coercion, or lack of knowledge and approval)
  • Variation of wills by children or spouses
  • Claims against attorneys, executors, trustees and other personal representatives for breach of trust, breach of fiduciary duty, conflicts of interest, or misuse of funds
  • Executor and trustee accountings
  • Challenges to the validity or use of a power of attorney instrument and applications to present or challenge power of attorney accountings
  • Claims to recover assets on behalf of an estate by executor or other appropriate person, including resulting trust claims
  • Applications for interpretation of a will or trust clause
  • Applications in relation to charitable gifts and cy-près
  • Applications to appoint or remove a committee of person or estate
  • Applications as a part of the administration of an estate seeking estate grants in special circumstances, advice and direction of the Court, or other complex situations

Industry Involvement

Members of our team are actively engaged in the broader estates and trusts community and regularly contribute to:

Thought Leadership

Our team includes recognized leaders in the field. We contribute annually to Estate Disputes in British Columbia: A Litigator’s Guide, Annotated Estates Practice, the BC Probate and Estate Administration Practice Manual  and frequently present at industry seminars and conferences as well as for private groups.

Recognition

We are proud to have received consistent recognition for the strength and depth of our Wills, Estates + Trusts and Estate Litigation practice. Over the years, several of our lawyers have been individually recognized in Best Lawyers in Canada and Best Lawyers: Ones to Watch for their work in this field. Most recently, our Wills, Estates + Trusts and Estate Litigation Group was ranked Tier 2 nationally in the 2025 inaugural edition of Best Law Firms in Canada by Best Lawyers, a reflection of our team’s commitment to excellence and trusted client service.

Personal Practice Areas