Category: Litigation
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| Articles, Contract, Family Law, Family Property Division, Litigation, Litigation, Marriage Arrangements
Dealing with a Sibling Stealing from Estate in 2026
If a sibling is stealing from an estate, document the missing assets, gather supporting evidence, and speak with an estate lawyer as soon as possible. Depending on the circumstances, you may be able to recover stolen assets through the courts and hold the responsible party accountable. Acting quickly can help protect the estate and your […]
| Articles, Litigation, Wills
Contesting an Executor of a Will in BC (2026)
In BC, you can ask the court to remove or supervise an executor for misconduct, conflict of interest, incapacity, or breach of fiduciary duty. Disagreement or personality clashes are not enough. The court steps in under WESA and the Trustee Act only where the estate or beneficiaries are genuinely at risk. Contesting an executor of […]
Can a spouse override a will in BC?
In British Columbia, a spouse cannot directly override a will, but they may apply to the court to vary it under the Wills, Estates and Succession Act if the will does not make adequate provision for them. This is where the importance of understanding spousal rights in estate planning becomes critical, as the court considers […]
How to Prove Lack of Testamentary Capacity in BC
To prove a lack of testamentary capacity in British Columbia, you must show that the person who made the will did not fully understand what they were signing at the time the will was created. BC courts examine whether the will-maker understood the nature of the will, the extent of their assets, the people who […]
Can Siblings Contest A Will?
When a parent passes away and the will doesn’t reflect what family members expected, a question inevitably comes up: can siblings actually contest the will or their parent’s estate? Yes, siblings can contest a will, but only under specific legal grounds and only if they have legal standing to bring a claim. While the process […]
Can You Contest a Probate Application in BC?
Yes, you can contest a probate application in British Columbia, but the process depends on what you are challenging. Disputes over a will’s validity, adequate provision for a spouse or child, an executor’s appointment, or delaying probate before it is granted are all separate legal procedures. Each has different deadlines, standing requirements, and remedies, so […]
What Happens if an Executor Refuses to Act in BC?
An executor in British Columbia is responsible for managing a deceased person’s estate, paying debts, and distributing assets to beneficiaries according to the will. When an executor refuses to act, the probate process can stall, creating delays, confusion, and added stress for everyone involved. In many cases, the executor may step aside voluntarily, but if […]
Is Probate Necessary If There Is A Will?
When a loved one passes away, one of the first questions families ask is: “Is it necessary to go through probate if there is a will?” The short answer is that most often, yes. Having a last will and testament does not automatically mean you can avoid probate. In British Columbia, whether probate is required […]
Common-Law Relationships in BC: When You Qualify and What You’re Owed
Quick answer: In British Columbia, you are common-law once you have lived in a marriage-like relationship for at least two years, or sooner if you have a child together, which counts for spousal support. After two years, the Family Law Act gives common-law partners the same property and debt rights as married spouses. Shared family […]
Can An Estate Sue For Wrongful Death
Losing a loved one due to someone else’s negligence or intentional actions is devastating, and it often raises questions about legal rights and accountability. An estate can sue for wrongful death, with the deceased person’s executor or personal representative having the legal authority to file a claim. This allows the estate to seek compensation for […]