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Wills & Estates > WESA Disputes & Estate Litigation

WESA Disputes & Estate Litigation

At GBC Law, we help clients navigate estate disputes with sensitivity and a focus on resolution. 

Common Grounds for Disputes

  • Validity of the will – Was it properly signed and witnessed? Was the person pressured?
  • Unfair distribution – WESA allows spouses and children to challenge wills they believe are unfair.
  • Executor misconduct – Concerns about how the executor is managing the estate.
  • Intestacy disputes – When there is no will, disagreements can arise about who should inherit.

How Disputes Are Resolved

Estate disputes may be resolved through:

  • Negotiation – Informal discussions to reach agreement.
  • Mediation – A neutral third party helps parties find common ground.
  • Litigation – Court proceedings if other methods fail.

Why Legal Support Matters

Estate disputes can divide families and drain estate assets. Legal guidance helps resolve issues fairly and efficiently, with an emphasis on protecting rights while minimizing conflict.

Frequently Asked Questions

Who can challenge a will in BC?

Spouses and children of the deceased have the strongest rights. They can argue that the will is unfair and ask the court to vary it. Others, like siblings, relatives, or caregivers, may also challenge a will, but usually only on limited grounds, such as undue influence, lack of mental capacity, or improper signing and witnessing. The challenger must provide evidence to support their claim.

How long do I have to dispute a will?
You typically have 180 days from the date probate is granted to start a will variation claim. Other types of claims, like alleging undue influence or improper execution, may have different time limits. It’s important to act quickly, because once probate is granted and the estate is distributed, it becomes much harder to reverse the process.
Which party covers the expense of estate disputes?
The general rule is that the losing party pays the winning party’s legal costs. However, estate litigation is unique: in some cases, the court may order that costs be paid out of the estate, especially if the dispute arose because of unclear wording in the will or the conduct of the deceased. Each case is different, and cost awards are at the court’s discretion.
What happens if the executor is acting improperly?
Executors have legal duties to act in the best interests of the estate and its beneficiaries. If an executor mismanages funds, delays unreasonably, or acts in their own self-interest, beneficiaries can apply to court for relief. Remedies include ordering the executor to account for their actions, repaying losses, or even being removed and replaced. Courts take executor misconduct seriously, as it undermines trust in the estate process.