Guiding Clients Through Probate Challenges

Losing a family member is painful enough without discovering that their estate has become a battleground. But that is the reality many families face when questions surface about whether a will is legally valid, whether an executor has fulfilled their duties, or whether certain family members received what they were morally and legally owed. These disputes can fracture relationships and drag on for months if left unresolved — but they can also be addressed through a clear legal process when you have the right legal team beside you.

At Lam Legal Trial Lawyers, our estate litigation lawyers represent clients across Vancouver, North Vancouver, and throughout British Columbia in probate litigation matters. We understand that behind every estate dispute is a grieving family trying to find a resolution. Our role is to provide guidance through the legal complexities while treating every client with the empathy and respect this moment demands.

What Probate Litigation Actually Involves

Probate is the court-supervised process of validating a will, settling debts, and distributing estate assets to beneficiaries. When that process goes smoothly, families can grieve and move forward. But when disagreements arise — over the validity of the will itself, the conduct of the executor, or the fairness of distributions — those disagreements often require resolution through the Supreme Court of British Columbia.

Probate litigation is the legal mechanism for resolving these disputes. Unlike straightforward probate administration, litigation involves contested claims where opposing parties present evidence and arguments before a judge. The stakes can be significant, both financially and personally, which is why having experienced estate litigation lawyers matters from the outset.

Common Probate Litigation Disputes in British Columbia

Estate disputes take many forms, and no two cases look exactly alike. That said, our lawyers regularly handle claims involving the following issues:

Wills Variation Claims

Under British Columbia’s Wills, Estates and Succession Act (WESA), spouses and adult children have the right to challenge a will if they believe the will maker failed to make adequate provision for them. These wills variation claims require the court to consider whether the will maker met their legal and moral obligations to their family members. Courts weigh factors such as the size of the estate, the relationship between the will maker and the claimant, the claimant’s financial circumstances, and any reasons the will maker may have had for their distribution choices.

These claims are among the most common estate litigation cases in Vancouver and can arise even when the will appears clear on its face. A will that leaves a disproportionate share to one child over another, or that excludes a spouse or child entirely, may be subject to variation by the court regardless of what the will maker intended.

Challenges to the Validity of a Will

Not every document that looks like a will meets the formal requirements under British Columbia law. A will may be challenged on the grounds that it was not properly executed, that the will maker lacked the mental capacity to understand what they were signing, or that the will was the product of undue influence by someone in a position of power over the deceased person.

Proving undue influence requires demonstrating that a third party exerted pressure that overrode the will maker’s independent judgment. This often arises in situations involving elderly or vulnerable individuals who were isolated from other family members during the period the will was created or amended. These cases require careful evidence gathering, and our litigation lawyers work methodically to build or defend against such claims.

Executor and Trustee Disputes

Executors and trustees hold fiduciary duties to act in the interests of the estate and its beneficiaries. When they fail to meet those obligations — by mismanaging estate assets, delaying distribution without justification, failing to account for their actions, or engaging in self-dealing — beneficiaries have the right to seek court intervention.

Passing of accounts is a formal court process where executors and trustees present a detailed accounting of how they have managed the estate. If beneficiaries believe the accounting is incomplete or that funds have been mishandled, they can challenge the accounts through litigation. Our legal team represents both beneficiaries seeking accountability and executors who have been wrongfully accused of misconduct.

Disputes Over Joint Assets and Resulting Trusts

Joint bank accounts and property held in joint tenancy frequently become sources of conflict after a death. The legal question often comes down to whether the deceased person intended the surviving joint tenant to inherit the asset outright or whether the joint arrangement was one of convenience — meaning the asset should flow back into the estate for distribution to all beneficiaries.

British Columbia courts apply a resulting trust analysis in many of these situations, particularly when a parent adds an adult child to a bank account or property title. The presumption may be that the transfer was not a gift unless the surviving party can prove otherwise. These cases hinge on the evidence surrounding the deceased person’s intentions, and they often involve significant property or financial accounts.

Incapacity Disputes and Power of Attorney Challenges

When a person becomes incapable of managing their own affairs, representation agreements and powers granted under the Power of Attorney Act come into play. Disputes can arise when family members disagree about whether someone is truly incapacitated, when they believe the person acting under a power is abusing their authority, or when competing claims emerge about which legal documents are valid.

These incapacity disputes are sensitive and time-critical because the vulnerable person’s well-being may be directly affected by the outcome. Our lawyers approach these matters with urgency and care, seeking court orders that protect the individual while resolving the underlying legal conflicts.

Unjust Enrichment and Trust Claims

Estate litigation sometimes involves claims that fall outside the boundaries of a will entirely. Unjust enrichment claims may arise when a family member or partner contributed to the deceased person’s estate — through labour, caregiving, or financial support — without receiving fair compensation. If the estate was enriched at that person’s expense and there is no legal justification for withholding compensation, the court may order a remedy.

Similarly, trust litigation can involve disputes about property or assets that were held in trust during the deceased person’s lifetime or that were intended to be transferred into a trust but never were. These claims require a careful analysis of the relevant laws and the facts surrounding each arrangement.

Intestate Estates and Distribution Disputes

When a person dies without a valid will, their estate is classified as an intestate estate. British Columbia’s Wills, Estates and Succession Act dictates how an intestate estate is distributed, prioritizing spouses and children according to a set formula. But even with statutory rules in place, disputes can emerge — particularly in blended families, common-law relationships, or situations where multiple parties claim entitlement to the same assets.

Our lawyers assist clients in navigating intestate distribution, applying to serve as estate administrators, and resolving conflicts that arise when the statutory framework produces outcomes that family members wish to challenge.

Why the Approach to Litigation Matters

Estate litigation is inherently personal. The disputes involve family members, the assets of someone who has died, and emotions that are already raw. An aggressive, scorched-earth approach can cause damage that extends far beyond the courtroom. At the same time, passivity or inexperience can result in outcomes that fail to protect your rights.

Our team brings decades of combined courtroom experience to estate litigation matters across British Columbia. We prepare each case thoroughly, advise clients honestly about the strength of their position, and pursue resolution through negotiation when possible and through trial when necessary. We believe that being firm advocates and being compassionate human beings are not mutually exclusive, and our clients consistently tell us that this balance is what they needed most during one of the most difficult chapters of their lives.

Start With a Discovery Call

If you are facing a dispute over a will, an executor’s conduct, the distribution of estate assets, or any other probate litigation matter in Vancouver or throughout British Columbia, Lam Legal Trial Lawyers is here to help. Contact us at 604-800-0774 to schedule a Discovery Call. We will listen to your situation, help you understand your legal options, and determine the clearest path toward resolution for you and your family.