Civil Litigation

Our litigation team provides advice and advocacy at any stage of a dispute. Our lawyers assist clients with a variety of different litigation matters, including employment, business/commercial, personal injury and debt collection. Our lawyers assist clients with commencing or defending a claim, the discovery process, negotiation/mediation and, if necessary, trial.

Real Estate & Construction Litigation

Our team provides advisory as well advocacy services at any stage of a construction project. Our lawyers assist clients in litigation, mediation and negotiation in all areas of real estate and construction disputes. Specifically, our lawyers can assist with:

• Drafting and reviewing construction contracts;

• Advising on risk management;

• Representing clients in builders lien, construction and other disputes involving real estate.

Estate Litigation

What we do

The lawyers at Wilson Rasmussen LLP in Surrey B.C. are pleased to offer advice about legal rights upon being disinherited from an estate as well as advising executors when an estate is being challenged.

Our lawyers can assist in contesting a Will, estate or joint tenancy transfer. We handle Wills Variation Act claims and Trust claims.

Does the law say I have to leave my estate to my family?

Generally speaking, you are free to leave your estate to whomever you want. Only a spouse (including a common law spouse) or your children (including adult children) can contest your Will. They must apply to the Supreme Court of British Columbia within 180 days after the Will has been probated.

What are the Wills Variation Provisions under the Wills, Estates and Succession Act?

In British Columbia, the Wills, Estates, and Succession Act (WESA) states you must “adequately provide” for your spouse and children. Adequate provision is not defined in the statute. The courts will look at many details surrounding the estate such as the value of your estate, the needs of the spouse and children, gifts to the spouse and children during your lifetime and relationships between spouse and child. There are other factors as well and each case is unique.

Who can contest a Will in British Columbia?

Under the Wills, Estates, and Succession Act only spouses and children can contest a Will. This includes common law spouses, same sex partners, and children, whether natural or adopted children.

See our free video titled "Can Someone Contest A Will?" EMBED VIDEO

What does it cost to contest a Will?

Estate litigation can be expensive, but we offer an initial free consultation to obtain the facts to enable us to advise you on costs. In certain cases, the client may be given a choice of either paying by the hour, or on the basis of a contingency fee. Some clients prefer contingency fees because this means that no legal fees will be paid unless and until monies are recovered.

On what basis can you contest a Will?

The main reason to contest a Will is if you feel you have not been adequately provided for and the Will is not fair. In British Columbia only, spouse and children (including adult children) can contest a Will due to it being unfair. You may also contest a Will based on the view that the person making the Will (the Testator) lacked the necessary testamentary capacity, or the Testator was unduly influenced by someone or they were pressured to make the Will and it was not done by their own free Will.