Wills Variation Cases

British Columbia has unique legislation that allows a certain class of individuals to pursue a variation of the will if it does not sufficiently provide for that individual. Will variation claims represent the most common litigation in estate litigation especially in certain ethnic communities where it is common to prefer one child over another in a Will. There is a moral and legal obligation on the part of the testator to provide for his/her spouse and/or children, so the Courts generally do not allow testamentary autonomy to take precedent over the moral and legal obligations of the testator to his/her family.

Mussio Goodman litigates many wills variation claims and as a result, knows not only how to vary an unfair will, but also how to protect the wishes of a deceased who made a judicious and fair division of their estate. If a sibling or a step-parent is threatening to try and overturn your parent’s will, we can step in to defend the claim, and if it is still early in the process we can often ensure that the strongest legal arguments and evidence is put together, ensuring the best chance at a quick resolution.

Mussio Goodman has extensive experience in wills variation cases. Mr. Mussio has been practicing in the area for over 30 years and brings extensive trial experience in the field. He has a strong group of supporting lawyers that regularly appear in court on wills variation files.

Disputing a will is a specialized area of law, so you want to ensure you hire a lawyer that regularly handles this type of claim. The Estate Litigation team at Mussio Goodman LLP prides itself on an early resolution of estate disputes to avoid the stress of heading to trial against another family member. However, should your case require it, the team is always prepared to proceed to court to ensure fair compensation from the estate of a loved one.

We offer contingency fee arrangements on a sliding scale, something that most law firms do not offer. We are also prepared to run a wills variation claim based on an hourly fee with payment at the conclusion of the file.