Estate Appeal FAQs
An estate appeal in British Columbia takes a probate, wills variation, or estate litigation decision to the Court of Appeal, which reviews it for legal error rather than retrying the facts. The notice of appeal is generally due within 30 days, and the questions below explain grounds, timelines, and when the court’s permission is needed.
Any final decision involving an estate or trust may be appealed to the BC Court of Appeal. Interim decisions and decisions about costs of an estate or trusts hearing are not appealable as of right and permission to appeal must be requested from the Court and obtained before the appeal will proceed.
The British Columbia Court of Appeal is the highest court in our province. It hears appeals from the British Columbia Supreme Court and is governed by a strict set of rules. Appeals are typically decided by a panel of three judges, although the Court will convene a larger panel of judges if asked to reconsider a prior decision of the Court. A majority of the panel must agree for the appeal to succeed in the Court of Appeal.
The deadline to file a Notice of Appeal to the BC Court of Appeal is 30 days from the date of the judgment. Consult a lawyer quickly to determine if you should appeal.
No. An appeal is not an opportunity for a rehearing of your case or a chance to introduce new evidence or witnesses. Appeals are limited to correcting legal errors, errors in principle, and factual errors that are sufficiently significant and essential to the outcome.
A successful appeal results in the original order being set aside or modified, a new order being made, and/or the lower court being directed to conduct a new hearing. Generally speaking, the successful party is entitled to costs to reimburse them for legal fees and expenses.
If an appeal is not successful, the original order is confirmed. The unsuccessful appellant may be responsible for the other party’s legal costs. Further appeal may be possible; an appeal lawyer can advise you on any further legal avenues.
Our appeal lawyers conduct all appeals to the Court of Appeal in person, but litigants are not required to be present as evidence is not presented at the hearing. You may attend in person or on Zoom.
The time to get an appeal decision varies, based on factors such as the complexity of the issues in the case and the court’s schedule. It can take several months or more after the hearing to get the court’s decision.