QueerSmart Law Recap: Lotusland Law Wills, Probate & Estate Litigation 101
- 9 hours ago
- 6 min read
QMUNITY & Lotusland Law Planning with Pride Workshop.
QMUNITY and Lotusland Law recently offered a workshop on Wills and Estate Planning, where participants learned how to protect their chosen family, avoid common pitfalls, and take small, thoughtful steps toward peace of mind as they plan for the future. In this post, we will look at some of the material covered in the workshop and considerations for estate planning.
Note: This post explains the law in general. It is not intended to give you legal advice on your particular problem. Each person’s case is different, so you may need to get legal help. Information in this post is up to date as of August 2026.
What is Estate Litigation?
In BC, an estate is defined as “the property of a deceased person” (WESA). By extension, estate litigation refers to disputes that arise after someone dies, involving wills, trusts, or inheritance. These disputes can include several different matters such as:
Will Contests
Disputes over the validity of a will, including issues around capacity, undue influence, fraud, or improper execution.
Breach of Fiduciary Duty
Claims against executors, trustees, or guardians who may have failed to act in the best interests of the beneficiaries.
Property distribution disputes
Conflicts among inheritors or beneficiaries regarding how assets should be distributed.
Claims for support
Applications for support by people who believe they should have received a share of someone’s estate based on their relationship with the deceased.
Estate litigation is increasingly growing as Canadians age. Today, Canadians aged 60 years and older make up 20% of the population; however, about 30% of seniors and older adults do not have a will. So, estate litigation continues to grow because it does not matter what a person’s background is; as long as money is involved, people can be mistreated and taken advantage of.
In BC, the Wills, Estates and Succession Act (WESA) seeks to “provide greater certainty for individuals who put their last wishes into writing and simplify the process for those responsible for distributing an estate.” The Act also prevents and prohibits discrimination, whether against 2SLGBTQIA+ children or daughters, to name some examples. Whilst WESA seeks to provide fair legislation in estate planning, it is still extremely important for people, especially those who are part of a marginalized group, to plan accordingly for peace of mind for themselves and their loved ones.
What is a Will and who needs one?
A will is a “legal document that explains a person's wishes after they die. These wishes usually include what to do with their money and what they own” (Govt. of BC). In terms of who needs a will, every adult needs one. The legal age to make a will in BC is 16. A will is especially important in the following cases:
If you have children, a will allows you to name a guardian for your children.
If you own property (including foreign property), bank accounts, or other assets.
If you don’t have children and would like a specific person or charity to inherit your estate other than a spouse or descendants.
If you want to gift part of your estate to step-children who are not adopted.
If you are a single person. So, as we said, everyone needs a will.
If you are considering why you need a will, it is ultimately so you can make the final decisions about your personal affairs. A will can serve/provide the following:
Control over property distribution and/or gifting specific items
Protecting your children and/or pets
Minimizes family disagreements after your passing.
Additionally, appointing an executor can prevent bickering and conflict
Speeds up the probate process
Peace of mind
Ultimately, planning appropriately for your death, especially before you become ill/incapacitated, provides crucial agency in determining what happens to your belongings when you are no longer able to advocate for yourself. If you haven’t yet begun to make a will, there’s no better time to start than right now! If you avoid estate planning, your family could end up paying more taxes and legal fees than they need to. Additionally, avoiding estate planning means leaving the decision-making about your affairs in the hands of the government, rather than yourself and your loved ones.
What is Probate and How to Probate an estate in BC?
If you are in the process of estate planning, then you will need to apply for probate. The probate of a will is the “legal court process that officially confirms the validity of a will, and officially appoints an executor (or administrator) to manage a deceased person’s estate. Once probate is granted by a provincial court, an executor can distribute assets as outlined in the will and in accordance with the law” (RBC). Probating an estate generally includes the following:
Application for probate
In BC, the executor must apply for probate through the BC Supreme Court.
Official Appointment of Executor or Administrator
“Probate prevents unauthorized people from accessing assets once a person dies. Without probate, financial institutions and insurance companies typically won’t release funds or transfer assets.” (RBC)
Valuation of Assets
As part of probate, the executor must compile and value the estate’s assets. This includes real estate (if applicable)
Notification of Beneficiaries
The executor or administrator must notify all beneficiaries named in the will, and beneficiaries may have a say in how the estate’s assets are managed or distributed.
Real Estate Sales
If an estate includes property that needs to be sold, the executor works with a Realtor to ensure that the sale of property complies with probate laws and the instructions in the will. Once the property is sold, the proceeds must be managed according to the instructions in the will and settlement of any debt/assets of the estate.
Final Accounting and Distributions
After all debts and taxes are paid, and assets are liquidated, the executor provides a final accounting to the beneficiaries and distributes the remaining assets, which may include proceeds from the sale of real estate.
When probating an estate, keep in mind that it usually takes between 1 and several months, depending on the estate, availability of documents, timely responses from involved parties, and how cooperative everyone is (or isn’t) throughout the process.
Alternative Estate Planning Options: Trusts
An alternative to Wills is setting up a trust. Both are estate planning tools, but they serve different purposes. Unlike a will, a trust is a private legal process that sets certain conditions and restrictions in the transfer of assets during life and after death. With a trust, a settlor/grantor establishes the trust and appoints a trustee to manage the assets held in the trust and distribute assets to the beneficiaries according to the terms of the trust.
In general, a will is simpler and sufficient for most people. On the other hand, a trust is useful for maintaining privacy and managing assets while you’re still alive since trusts do not have to go through probate. Some people use both wills and trusts for more comprehensive estate planning. Trusts are also effective while the settlor/grantor is alive, and often allow for the immediate transfer of assets upon death if all assets are properly transferred to the trust before death.
Since estate planning is quite complex, seek advice from legal professionals to learn about which pathways work best for you and your future. There are also partners and clients to work with when estate planning, such as financial planners, wealth managers, realtors, accountants, and many more. It can take time to find an affirming and supportive estate planning team, which is why it’s best to start as soon as possible.
Please keep in mind that the information in this post is not legal advice. If you need legal advice and support, you can contact QMUNITY’s Legal Clinic at intake@qmunitylegalclinic.ca or 778-998-0140. The legal clinic is for 2SLGBTQIA+ individuals and families in B.C and offers free guidance on employment, family, tenancy, human rights, and other legal concerns. Seniors and Older Adults can also sign up for an appointment at QMUNITY & Seniors First BC 2SLGBTQIA+ Elder Law Clinic every third Thursday of the month.
Thank you to Brian from Lotusland Law for all his work and knowledge in the workshop! To support his work, please visit lotuslandlaw.ca
This session was offered as part of QMUNITY’s QueerSmart: Law series. Stay connected by subscribing to our newsletter and following us on social media to keep up with upcoming QueerSmart workshops with community partners across BC.
Sources Cited
“Wills, Estates and Succession Act.” BC Laws, Government of British Columbia, SBC 2009, c. 13, 29 Oct. 2009, https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01.
Government of British Columbia. “Wills, Estates and Succession Act and Probate Rules – 2014 and 2021 Amendments.” Government of British Columbia, 12 Aug. 2025, https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/legislation-policy/resources/wills-estates-succession-act-probate-rules.
RBC Insurance. “What Is Probate and How Does It Work?” RBC Insurance, 26 Jan. 2026, https://www.rbcinsurance.com/en-ca/advice-learning/life-insurance/what-is-probate-how-does-it-work/.
Government of British Columbia. “Wills and Estates.” Government of British Columbia, 19 June 2026, https://www2.gov.bc.ca/gov/content/life-events/death/wills-estates.
