When Siblings Disagree About a Parent's Estate: Options Before Court

Losing a parent is hard enough. When siblings then disagree about the will, the house, the executor or how slowly things are moving, old family tensions can surface quickly.

Many sibling disputes can be resolved without a trial, but only if you understand your rights, ask for the right information and protect any deadlines while you talk. This guide walks through the options BC law offers before anyone files in court.

Name the real disagreement first

Sibling disputes tend to fall into a few patterns, and each has a different path:

• The will itself. One sibling feels the will is unfair, or doubts it is valid.
• The executor. A sibling acting as executor is slow, secretive, or seems to favour themselves.
• A particular asset. Someone wants to keep the family home, the cottage or a family heirloom, and the others want it sold.
• Assets outside the will. Joint accounts, joint title or named beneficiaries on RRSPs and insurance that a sibling says belong to them.

Being clear about which of these you are dealing with tells you which rules apply and which deadlines matter. For a wider map of estate claims, see our overview of estate disputes in BC.

Start with information: what you are entitled to ask for

Many disputes are driven by a lack of information. Under section 142 of the Wills, Estates and Succession Act (WESA), a personal representative must administer and distribute the estate and account to beneficiaries and others to whom they have a duty to account.

In practice, as a beneficiary you can ask for a copy of the will, an inventory of assets and debts, and regular updates on what has been done. Our guide to beneficiary rights in BC covers these requests.

Asking for accounts

The Trustee Act gives beneficiaries real leverage on accounts. Under section 99, an executor or administrator must obtain a court order passing their first accounts within two years of the grant, unless all beneficiaries approve the accounts in writing or the court directs otherwise. A person beneficially interested can also serve a notice requiring the accounts to be passed annually.

Often a polite written request for an accounting, with a reminder of these rules, is enough to get information flowing.

Negotiation with structure

Talking directly can work, but it helps to give it shape:

• Put concerns in writing. A short, calm letter listing specific questions is harder to ignore than a heated phone call.
• Separate money from history. Old grievances are real, but agreements are reached on numbers and assets.
• Look at creative divisions. One sibling may buy out the others' shares of a house, or take specific items against their share. Our article on buying out a sibling's share of an inherited house explains how that works.
• Write down any deal. Any settlement among beneficiaries should be in a written agreement that everyone affected signs, ideally after each person has had independent legal advice.

Mediation: a neutral person at the table

Mediation brings in a trained neutral person who helps siblings negotiate but makes no decision. It can be arranged by agreement at any stage, and is often most useful once everyone has the key information.

If a lawsuit has already been started by notice of civil claim, the Notice to Mediate (General) Regulation lets any party require mediation by serving a Notice to Mediate. Under section 5, unless the court orders otherwise, the notice can be served no earlier than 60 days after the first response to civil claim is filed and no later than 120 days before trial. The participants then jointly choose a mediator, or a roster organization appoints one.

When an executor will not cooperate

If a sibling executor is the problem, WESA section 158 allows a person with an interest in the estate to apply to remove or pass over them. Examples in the section include an executor who is unresponsive or otherwise unwilling or unable to, or who unreasonably refuses to, carry out the duties, to an extent that hampers the efficient administration of the estate.

Removal is a court remedy, so the threat of an application is often what pushes things forward. Keeping a record of your requests and the responses is important if it comes to that.

The executor also has limits on timing. Under WESA section 155, the estate generally cannot be distributed within 210 days after the grant without court order, subject to exceptions now set out in the section, such as consent of all beneficiaries and potential wills variation claimants. Our guide to the 210-day rule explains this.

Deadlines do not pause while you talk

The biggest risk in trying to settle is losing a claim while you wait. If a child believes a parent's will does not make adequate provision for them, WESA section 60 allows a wills variation claim, but under section 61 the proceeding must be started within 180 days from the date the representation grant is issued in BC, and the executor must be served within 30 days after that period ends unless the court extends the time.

Negotiation and mediation do not stop that clock. If you might have a claim, get advice early so that it can be protected while discussions continue. Our guide to contesting a will in BC covers the 180-day period. Other claims, such as challenges to a will's validity or claims about joint assets, have their own time limits.

In a dispute with your siblings over an estate? Get advice before positions harden

Our litigation lawyers can review the will and your concerns, request information and accounts, protect deadlines, and represent you in negotiation, mediation or, if needed, court proceedings.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.