TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Licensed by the Law Society of OntarioFlat fees published upfrontWe reply to messages within 1 business daySign in
№ 22 Wills & Estates

How Long Does a Wills Variation Case Take in British Columbia?

See the stages of a wills variation claim in British Columbia, from the grant and filing deadlines to settlement or trial, and what affects timing.

Wills & Estates4 min readTSLBy the Treadstone Law Team · British ColumbiaUpdated November 13, 2026
← All articles
Key takeaways
  • No single timeline fits every case, but the early deadlines are fixed by statute, including 180 days from the grant to start a claim.
  • The executor must be served no later than 30 days after the 180-day period expires, unless the court extends the time, and if the will-maker has minor children or a spouse or child who is mentally incapable, the Public Guardian and Trustee must also be served or the claim will not be heard.
  • What happens after filing depends on the evidence, the other parties and whether the case settles.

If you are thinking about a wills variation claim, one of your first questions is likely how long it will take. The honest answer is that it varies with the size of the estate, the number of people involved and how much is disputed.

This article walks through the stages in order. It sets out the deadlines that are fixed by law and points out what tends to add time, without promising a particular length.

This article covers the law of British Columbia.

Why there is no standard timeline

Some claims settle early and others go to a hearing. The statute fixes the start of the process, but the later stages depend on the parties, the evidence and the court's schedule. A lawyer who knows your facts can give a realistic estimate.

The stages in order

StageWhat happens
Grant issuedThe grant of probate or administration starts the clock.
Hold on distributionThe personal representative must not distribute within 210 days after the grant unless the court orders otherwise or the required people consent.
Start the claimThe proceeding must be started within 180 days from the date the grant is issued.
Serve the executorService is due no later than 30 days after the 180-day period expires, unless the court extends it.
Protect landA certificate of pending litigation may be registered within 10 days after the pleading is issued.
Evidence and resolutionThe court may accept the evidence it considers proper about the will-maker's reasons. The case may settle or be decided by the court.

The mediation and trial stages vary from case to case, and their timing is not fixed by the statute.

What can add time

A notice of dispute stops being in effect one year after it was filed, at the end of any renewal period, on withdrawal, when the will is proved in solemn form, or if the court orders it removed.

How a case ends

If the court varies the will, it may order a lump sum, periodic payments, a transfer of property or a trust. It may also suspend administration of the estate or exempt part of the estate from the order. Costs of a proceeding must be awarded to the successful party unless the court orders otherwise.

What to do next

Frequently asked questions

When does the clock start?

The 180-day period runs from the date the grant of probate or administration is issued in British Columbia. The executor must be served no later than 30 days after that period expires, unless the court extends the time for service.

Can the estate be distributed while I wait?

A personal representative must not distribute within 210 days after the grant unless the court orders otherwise. Distribution can happen sooner if all beneficiaries and all people who may bring a claim consent.

Does a notice of dispute speed things up?

No. While it is in effect, the registrar must not issue a grant. It lasts until one of the events listed in the rules, such as one year passing, withdrawal or removal by court order.

Will the case definitely go to trial?

Not necessarily. Many disputes are resolved by agreement, though that depends on the people involved and the facts. A lawyer can advise on the likely path.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. British Columbia laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in British Columbia. Reach us at 1-844-900-1070 or send our Team a message.

This is a wills & estates question

A single will with us is from $894.88, tax included. Third-party fees are extra.

ContactStart a File →