British Columbia Estate Appeal Lawyers

It can be devastating when the decision doesn’t go your way at the end of an estate or trust court hearing. The stakes are high because of the financial and other implications for members of your family.

If you receive an unfavourable judgment at trial, you may be able to challenge it through an appeal. Conversely, if you win at trial, another party may appeal to try to obtain a different result. An appeal is not a retrial of issues or a “second kick at the can.” New evidence is not allowed on an appeal, except in very limited circumstances and only with permission of the appellate court. No witnesses are called to give testimony. Instead, the focus is strictly limited to reviewing the lower court decision for legal or procedural errors.

Estate cases often involve the application of multiple complex legal concepts and, frequently, equitable concepts that are not familiar to most judges. Where judges make errors in applying these concepts, our lawyers can assist in identifying those errors and setting out the correct path forward for the Court of Appeal. Wills variation decisions, although discretionary, are often overturned based on the appeal court’s sensibilities about the fairness of the distribution in light of the history of the relationships involved. Additionally, in estate law, as in family law, the threshold issue of whether a person qualifies as a spouse is an all or nothing decision that is litigated hard. This area of law is in flux, and it is possible to argue that a judge’s consideration of the factors was incomplete or skewed.

If the appeal court agrees that the lower court judge misunderstood the evidence or misapplied the law, it has the power to overturn or modify the original order, make a new order, or return the matter to the lower court for reconsideration. Appeals must adhere to strict rules and timelines, so it’s essential to work with a skilled appeal lawyer.

Our Vancouver estate appeal lawyers are highly skilled in identifying appealable errors and building the best possible arguments for success on appeal. When responding to an appeal, we are skilled at defending the decision and persuading the Court of Appeal that there is no basis to change it.