Estate Litigation Lawyer in Vancouver & Surrey

Losing someone you love is already one of life’s most difficult experiences. Discovering that a will doesn’t reflect what you were promised — or doesn’t fairly provide for you — adds another painful layer of grief. At Jiwa Law Corporation, our estate litigation lawyers in Vancouver and Surrey, BC help families navigate will disputes and estate conflicts with clarity, compassion, and experienced legal advocacy.

Whether you are a beneficiary questioning the validity of a will, a dependent who has been left without adequate support, or an executor facing allegations of improper administration, we are here to protect your legal rights and help you find a path forward.

What Is Estate Litigation?

Estate litigation refers to legal disputes that arise in connection with a deceased person’s estate — most often involving a will, the actions of an executor, or the rights of beneficiaries and dependants. These disputes can be emotionally charged and legally complex, often arising at a time when family relationships are already strained by grief.

In British Columbia, estate disputes are governed primarily by the Wills, Estates and Succession Act (WESA) and may be resolved through negotiation, mediation, or court proceedings. Having a skilled estate litigation lawyer on your side ensures your interests are represented at every stage of the process.

How Our Estate Litigation Lawyers Can Help You

Jiwa Law Corporation handles a full range of estate litigation matters for clients across Vancouver, Surrey, and British Columbia, including:

Will Challenges & Validity Disputes

A will may be challenged on several grounds under BC law. If you believe a will does not accurately reflect the deceased’s true wishes, our lawyers can help you assess whether grounds exist to contest it. Common bases for challenging a will in British Columbia include:

• Lack of testamentary capacity — the deceased did not have the mental capacity to make a valid will
• Undue influence — a third party pressured or manipulated the deceased into changing their will
• Fraud or forgery — the will was created through deception or the deceased’s signature was forged
• Improper execution — the will was not signed or witnessed in accordance with BC’s legal requirements
• A more recent will exists — an earlier will was probated when a later, valid will was in place

Wills Variation Claims (Dependent Relief)

Under the Wills, Estates and Succession Act, a spouse or adult child of a deceased person may apply to court to vary a will if it fails to make adequate provision for them. This type of claim — sometimes called a dependent relief claim or wills variation claim — is one of the most common forms of estate litigation in BC.

If you were financially dependent on the deceased or were entirely excluded from a will that you expected to benefit from, our team can help you understand your rights and pursue a fair outcome.

Executor Disputes & Removal Applications

Executors — also called estate trustees — are responsible for administering a deceased’s estate according to the will. When an executor fails to act in the best interests of beneficiaries, acts dishonestly, or is simply incapable of fulfilling their duties, the court has the power to remove them and appoint a replacement.

We represent both beneficiaries seeking executor removal and executors defending against unwarranted challenges. Our lawyers ensure that estate administration proceeds properly and in accordance with the law.

Beneficiary Disputes

Not all estate disputes involve the will itself. Sometimes conflicts arise between beneficiaries over the interpretation of a will’s terms, the valuation of assets, or how estate property should be distributed. Our litigation team helps resolve these disputes efficiently — through negotiation where possible, and through the courts when necessary.

Trust Disputes

Trusts established during someone’s lifetime or through their estate can also become the subject of litigation. We advise beneficiaries, trustees, and settlors on disputes involving the administration or termination of trusts, allegations of breach of trust, and trustee accountability.

Power of Attorney Disputes

When someone acts under a power of attorney to manage another person’s financial affairs, disputes can arise about whether that power was used appropriately. If you suspect a power of attorney was misused — or if you are an attorney facing allegations — our estate litigation lawyers can assist.

Passing of Accounts

Executors and trustees are obligated to keep accurate records of how estate or trust assets were handled. A passing of accounts is the formal process by which those records are reviewed by the court. We represent beneficiaries seeking a passing of accounts and executors preparing to have their accounts approved.

Why Choose Jiwa Law Corporation for Your Estate Dispute?

Choosing the right estate litigation lawyer can make a significant difference in the outcome of your case. At Jiwa Law Corporation, we offer:

• Experience in BC estate law — our lawyers have a thorough understanding of WESA and related legislation that governs estate disputes in British Columbia
• Personalized attention — we take the time to understand your family’s unique circumstances and what matters most to you
• Practical, results-oriented advice — we focus on finding the most efficient and effective path to resolution, including negotiation and mediation before pursuing litigation
• Transparent communication — you will always know where your case stands and what your options are
• Offices in Vancouver and Surrey — convenient access to legal help across the Lower Mainland

The Estate Litigation Process in BC: What to Expect

Every estate dispute is different, but most follow a similar progression. Understanding the process can help ease some of the uncertainty during what is already a stressful time.

Step 1: Initial Consultation

We begin by listening to you — your concerns, your relationship with the deceased, and what outcome you are hoping to achieve. We will review any relevant documents such as the will, estate records, or correspondence, and give you an honest assessment of your legal position.

Step 2: Investigation & Legal Analysis

Our team will gather and review the evidence needed to support your claim or defence, including medical records, financial documents, witness statements, and legal correspondence. We will then develop a strategy tailored to your goals.

Step 3: Negotiation & Alternative Dispute Resolution

Most estate disputes in BC are resolved without going to trial. We will actively pursue negotiation and, where appropriate, formal mediation to reach a resolution that meets your needs while avoiding the cost and delay of court proceedings.

Step 4: Litigation, If Necessary

When negotiation fails to produce a fair result, our lawyers are fully prepared to represent you in BC Supreme Court. We have the skill and experience to present your case effectively in a courtroom setting.

Frequently Asked Questions About Estate Litigation in BC

Can I contest a will in British Columbia?

Yes. Under BC’s Wills, Estates and Succession Act, a will may be challenged on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution. Spouses and children of the deceased may also apply to vary a will that does not make adequate provision for them, even if the will is otherwise valid.

How long do I have to challenge a will in BC?

Time limits in estate litigation are strict. In general, a wills variation claim must be commenced within 180 days of probate being granted. Other types of claims may have different limitation periods. It is important to seek legal advice as soon as possible so you do not miss a deadline.

How much does estate litigation cost?

The cost of estate litigation varies significantly depending on the complexity of the dispute, the amount at stake, and whether the matter can be resolved through negotiation or requires a full trial. We discuss fees transparently during your initial consultation and work with you to find an approach that is cost-effective for your circumstances including contingency fees (no fee if you aren’t successful).

Can estate disputes be settled out of court?

Yes — and in many cases, this is the preferred outcome. Mediation and negotiation can resolve estate disputes more quickly, at lower cost, and with greater privacy than going to court. Our lawyers are experienced in alternative dispute resolution and will explore these options with you before pursuing litigation.

What if I am an executor being accused of misconduct?

Executors facing allegations of improper administration, breach of fiduciary duty, or mismanagement of estate assets should seek legal counsel immediately. Our team defends executors against unwarranted claims while ensuring that legitimate accountability is handled properly.

Speak With an Estate Litigation Lawyer Today

Estate disputes are time-sensitive, emotionally difficult, and legally complex. The sooner you seek advice, the better positioned you will be to protect your interests and those of your family.

Jiwa Law Corporation’s estate litigation lawyers serve clients in Vancouver, Surrey, and throughout British Columbia. Contact us today to schedule a confidential consultation and find out how we can help you.