Estates & Estate Litigation

Our lawyers bring a sensitivity and understanding to the areas of estate planning and litigation. They are solution oriented, and work with clients to meet their particular goals, including minimizing probate fees and the potential of a wills variation claim. JFB lawyers work with clients to create unique and personalized plans and to put the appropriate tools in place, including powers of attorney, representation agreements, advance directives (formerly living wills), wills, and trusts. They are also experienced in Probate applications and in obtaining Letters of Administration when someone passes without a will. 

Our litigation team assists clients in both challenging and defending estates, committeeship applications, and situations involving misuse of powers of attorney. They are experienced in assisting parties who have been treated unfairly under a will, and in defending claims against estates. 

If you have a question regarding these issues in British Columbia, please feel free to call us today!

Related Posts

Unger Estate (Re), 2022 BCSC 189

Can a person who murdered another person inherit from the latter’s estate? If no, who stands to inherit in place of that person? Those were the questions in Unger Estate (Re). In Unger Estate (Re), 2022 BCSC 189, the Deceased, Lois Unger, died on February 24, 2016. She was survived by her two sons, Clayton […]

Malecek v. Leiren

In certain circumstances, family law and estate litigation claims can intersect. The case of Malecek v. Leiren, 2021 BCSC 1052 is one such example.In Malecek, the deceased, a man named Hall, died at the age of 79. He was survived by his wife of 37 years, Carol, and four daughters from a prior marriage. He […]

Committeeship

If an individual loses the capacity to make decisions on their own behalf, they require either an individual with power of attorney or committeeship to step into the position of decision maker on their behalf. Power of attorney can only be granted by an individual who has mental capacity. If a person has lost capacity and […]

Mutual Wills

Although not common, mutual wills between spouses are being increasingly used in blended family. If two spouses make identical (mirror) wills leaving their respective estates to each other, after the first spouse dies the surviving spouse can change their will as they please. This gives the surviving spouse flexibility moving forward with their life and […]

N.S. Court finds Sections of Province’s Wills Variation Legislation Unconstitutional

We rarely comment on cases decided in other provinces as they generally have little to no applicability in British Columbia. Such is not the case with Lawen Estate v. Nova Scotia (Attorney General), 2019 NSSC 162. This decision of the Nova Scotia Supreme Court has the potential to drastically alter wills variation claims throughout the […]

Pedrozo v. Hope, 2020 BCSC 1578

In this interesting case, the former spouse of the deceased sued his estate for breach of a family law separation agreement made between the parties while the deceased was alive.The female claimant and the deceased had been married for 9 years before separating. The deceased was significantly older than the claimant. The claimant had a […]

Jacobson Estate, 2020 BCSC 1280

We’ve previously written about section 58 of the Wills, Estates and Succession Act, which gives the Court discretion to cure deficiencies in a will or will-like document that would otherwise make it invalid. Until recently, section 58 had been used to give testamentary effect to defective wills or will-like documents. However, in Jacobsen Estate, Re, […]

Pavlovich v. Danilovic, 2020 BCCA 239

The BC Court of Appeal recently heard an appeal from a BC Supreme Court decision granting the daughter of a deceased a declaration that her brother held two properties in-trust for the benefit of the deceased’s estate.Pavlovich v. Danilovic, 2020 BCCA 239 concerned a deceased father and his two children, Ljuba and Alexander. The wife […]

Tomlyn v. Kennedy, 2008 BCSC 331

In many cases, more than one person may have a claim to vary a deceased person’s will. In that situation, it is important that all claims be heard together so that the Court can assess all claims at once.The first person to file a lawsuit seeking to vary a deceased person’s will is required to […]

Levesque Estate (Re), 2019 BCSC 927

In Levesque Estate (Re), 2019 BCSC 927, the BC Supreme Court considered an application by executors to determine whether an alteration to a will was legally effective.Upon opening the sealed envelope containing Beverly Levesque’s last will, her daughter discovered that a beneficiary’s name had been obscured using whiteout. In holding the document under a light, […]