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FH&P Lawyers estate litigation team.
As British Columbia’s population ages and home values soar, estate litigation is on the rise, leaving many families emotionally and financially strained.
Darren Kautz, head of the litigation department and partner at FH&P Lawyers in Kelowna, says the growing number of disputes stems from a perfect storm of wealth, wills, and evolving family dynamics.
“You’re no longer dealing with a $200,000, $300,000 home,” Kautz explains. “You’re dealing with a $2 million home. And if you have a few children, do you want everyone to share equally? ... Inevitably, families and beneficiaries get into disputes because the value of assets nowadays are so high.”
Kautz’s litigation team regularly sees disputes between siblings who feel shortchanged or blindsided by how assets were distributed before or after death.
“We’re seeing more complex files: multiple properties, joint bank accounts, international assets, and outdated wills that don’t reflect a family’s current circumstances,” he says.
“Unfortunately, when it gets to me, it's usually because the lines of communication are broken down. And when you get into a litigation case, you will likely communicate only through lawyers.”
FH&P’s recent Law Talk podcast explored issues even further in the episode Cautionary Tales in Estate Litigation in B.C.
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Don’t let poor estate planning crush your legacy.
What’s driving the increase in estate litigation?
A shifting social landscape is making inheritance battles more common.
Compared to more than 50 years ago, families today are more emotionally, geographically, and financially fractured. One child may have received more help over the years for any number of reasons, leading to a perception of unfairness when it comes time to divide an estate.
“Employment has drastically changed from mom-and-pop businesses to large corporate entities,” Kautz explains. “Kids are moving out of rural areas into urban centres. Often, the child who stays close to home ends up caring for the parents and gets more involved in their financial affairs. Then the parents pass, and that same child becomes the executor and says, ‘There’s nothing left.’ Meanwhile, the sibling living across the country says, ‘That’s not possible. What happened to all the assets?’ And that’s when the lawsuits start.”
These disputes often involve not just property or bank accounts but decades of complex family dynamics.
“It’s not just about the money,” Kautz adds. “It’s about what people feel they’re owed—and what they believe is fair.”
Tradition versus equality: Lam v. Law Estate
A recent FH&P Law Talk podcast episode highlighted just how fraught—and deeply personal—estate litigation can be.
In the case, the B.C. Supreme Court examined a will that looked equal on paper but masked a lifetime of unequal treatment.
Before passing, the mother had already transferred nearly $3 million in assets to her son, while her daughter received just $120,000. What remained—one rental property—was to be split 50/50. The daughter challenged the will and the court agreed, it was not fairness but systemic favouritism.
On the podcast, associate Kevin Cheung explained the son was preferred throughout his life, not just financially but in everyday ways that reflected cultural beliefs privileging sons over daughters.
Ultimately, the court ruled in the daughter’s favour, awarding her a larger share and rejecting the gender bias in the estate plan.
Partner Tanvir Gill noted while cultural norms may have shaped the mother’s choices, “they don’t hold water before our courts.” That case is a powerful example of how Canadian law upholds fairness and equality, even when family traditions don’t.
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Inheritance battles intensify as home values soar and families fracture.
Plan your estate now or pay later
Estate litigation is expensive, emotionally exhausting and can stretch on for years. That’s why Kautz encourages people to plan early and plan well.
“One of the first things I tell people is, talk to your family and talk to a lawyer,” he says. “A legal will is a great start but it’s not enough.”
Effective estate planning involves more than signing a few documents. It means engaging the right professionals—lawyers, accountants, appraisers—to help you understand the full scope of your assets and intentions. That’s especially important when dealing with businesses, blended families, or significant property holdings.
“People often think they’re saving money by putting a child’s name on the house or a joint bank account,” Kautz explains. “But what they’re really doing is setting up the conditions for conflict.”
Probate fee savings may not be worth the cost of a prolonged and painful legal battle. Even well-intentioned plans can unravel without proper guidance.
“If your estate is worth millions and you think your children will ‘just figure it out’—they won’t,” Kautz warns. “That’s where things fall apart.”
The best approach? Get a will. Then get professional advice. Working with an experienced estate planning lawyer—especially one who has seen how plans can fail in court—is the surest way to protect your legacy and spare your family unnecessary grief.
Why FH&P?
With more than 100 years of experience serving families and businesses across the Okanagan, FH&P Lawyers has become a trusted legal partner across generations. The firm’s estate litigation department includes 12 lawyers who work together to resolve matters efficiently and cost-effectively.
“FH&P has an estate litigation team, therefore, we can bring multiple lawyers onto your file to assist, says Kautz. "That will help save you money. It will help ensure your file moves along expeditiously. It will also help you because we handle almost every area of law, from solicitor and estate planning to the litigation side. This will help you resolve potential issues from point A to Z.”
This article is written by or on behalf of the sponsoring client and does not necessarily reflect the views of Castanet.
