If you’re involved in an estate dispute, one of the biggest questions is often: who ends up paying the legal fees?
In most court cases, the general rule is simple—the losing side pays a portion of the winning side’s costs. But estate disputes don’t always follow that rule.
A recent decision from the British Columbia Court of Appeal shows how things can be different when it comes to estates. In this case, the Court confirmed that in unusual or complicated situations, legal fees can sometimes be paid out of the estate itself.
So, what does that mean in practice?
Estate disputes often arise because something isn’t clear—maybe the will is being challenged, there are concerns about how someone handled a power of attorney, or there are disagreements about how the estate is being managed. In situations like these, going to court can be necessary just to sort things out.
When that happens, the court may decide it’s fair that the estate—not the individuals involved—covers some of the legal costs. This is especially true where multiple people have a legitimate reason to be involved and the issues aren’t straightforward.
That said, this isn’t guaranteed. The court will still look at the specific circumstances, including how each party behaved and whether the dispute was reasonable in the first place.
The takeaway? Estate disputes are different, and the financial risks don’t always follow the usual rules.
If you’re dealing with concerns about an estate, a power of attorney, or a dispute between family members, it’s important to understand your options early on. Reach out to our team to have a conversation about your situation—we’re here to help you move forward with clarity.
Can an employer fire an employee because of their political beliefs or opinions expressed on social media? A recent decision from the BC Human Rights Tribunal highlights the importance of understanding human rights protections in the workplace. In Açar v. Lester B. Pearson College, the Tribunal found that a Vancouver Island school discriminated against a […]
When someone passes away, their loved ones are often left managing both grief and the practical responsibilities that follow. One common question is: How long does it take to settle an estate in British Columbia? The answer depends on the circumstances. Some estates can be administered within several months, while others take a year or […]
What happens when a family property dispute is already underway and one of the parties dies? A recent decision from the Alberta Court of Appeal provides some helpful insight into how family property and estate proceedings can interact. In Lalonde v. Waddell, 2026 ABCA 296, a separated couple had begun proceedings concerning divorce and the […]
If you believe a loved one’s will is unfair or does not reflect their wishes, you may be wondering: Do I need a lawyer to dispute a will in BC? The short answer is that you are not necessarily required to have a lawyer, but getting legal advice can be very important. Disputing a will […]
When someone is appointed as the personal representative (also called an executor) of an estate, they are responsible for gathering assets, paying debts, and administering the estate according to the deceased’s will. But does becoming the personal representative automatically give someone access to all legal files created during the estate administration? A recent decision from […]
A fire can leave more than physical damage behind. Homeowners and property owners may also face difficult questions about insurance coverage, rebuilding costs, damaged belongings, temporary accommodation and how long it will take to resolve their claim. While insurance is intended to provide financial protection after a covered loss, dealing with an insurer following a […]
Good morning, Davie & Associates is a Penticton litigation law firm that has been part of the community since 2001. Like everyone in the South Okanagan, we have been deeply saddened by the devastation caused by the Bald Range wildfire and the impact it has had on local families and businesses. As people begin the […]
Many people in British Columbia believe that living together as common law partners automatically gives each person the same legal rights as a married spouse when it comes to inheritance; Unfortunately, that isn’t always the case. If you and your partner are in a common law relationship, understanding how British Columbia’s estate laws apply to […]
Disputes over wills can become especially complex when significant assets are transferred before death or when a close family member is excluded from inheriting. A recent decision from the British Columbia Supreme Court demonstrates how the courts may allow beneficiaries or family members to take action when estate representatives are unable or unwilling to do […]
Losing a job can be one of the most stressful and uncertain experiences a person faces. While employers in British Columbia generally have the right to terminate employees without cause, they must comply with legal obligations when doing so. When an employer fails to meet those obligations, an employee may have grounds for a wrongful […]
#B102 – 5212 48 Street
Red Deer, AB
T4N 7C3
Phone: (403) 967-1775
#200 – 1301 Main Street
Penticton, BC
V2A 5E9
Phone: (250) 493-9100
