Estate Litigation
Where There’s a Will, or no Will, Clark Woods finds a way
When there is a death in the family, there are many uncertainties and stressful situations that can arise once the will is disclosed. How the deceased’s (called a ‘testator’ in legal language) property is disbursed is generally up to them as outlined in their will. Under BC’s Wills, Estates and Succession ACT (WESA), testators have a moral and legal obligation when drafting their will to fairly provide adequate support for their surviving spouse and children.
However, situations can arise when the deceased has not left a will, or there is an uneven disbursement of the assets between family members (“Dad always liked you best”). WESA provides recourse for spouses and children who feel they have been treated unfairly. In such instances, they can apply to have the courts vary the provisions of the will in a way the courts deem equitable, or in the case of no will, ensure that heirs are treated equitably.
As a result of our years of experience in estate litigation and family law, we are skilled at navigating the way through what can be an emotional process at a difficult time. Our goal is to provide effective representation and a satisfactory settlement with minimal cost and conflict; many estate litigations can be handled on a contingency basis.
If you need a lawyer to assist with an estate dispute, we are here to help.
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Our Estate Team
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Josh Woods
Josh was born and raised in Edmonton, Alberta, but moved to beautiful British Columbia in 2004. Falling in love with the province, he completed his under-graduate degree at the University of Victoria, and then crossed the Georgia Straight to attend the University of British Columbia for law school. During law school, Josh clerked for the Provincial Court of British Columbia, gaining first-hand insight into how judges evaluate and weigh the evidence before them.
Following law school, Josh articled and practiced at a large litigation law firm in Surrey, BC, before co-founding Clark Woods LLP. Josh has had trial success at all levels of court in British Columbia, including the British Columbia Court of Appeal. Most recently, Josh was lead counsel in Rabbani-Nejad v. Sharma, one of the first cases in British Columbia in dealing with ICBC’s minor injury caps scheme and its impact on pre-existing claims.
Today, Josh’s practice focuses on significant personal injury claims, estate litigation, real estate litigation and other complex litigation matters.
Outside of the office, Josh enjoys spending time with his young family, climbing rocks in the great outdoors and fooling around on his guitar with friends.
Keith Barron
Keith was raised in East Vancouver, before fleeing the nest to see more of Western Canada. He attended university in Victoria, worked for tech companies in BC and Saskatchewan, before returning to school and obtaining a law degree from the University of Saskatchewan in 2016.
After graduation Keith articled and practiced at a litigation boutique in Surrey BC, where he focused on obtaining as much court experience as possible. During articles Keith obtained his 15 (and only) minutes of fame when he assisted senior counsel in representing a plaintiff who sued a Burger King franchise for over $45,000 after she was fired for an alleged theft of 50 cents worth of food. The story went viral and was picked up by CBC, the BBC, and numerous other news outlets.
Prior to joining Clark Woods he worked in a general practice law firm, where he gained further litigation experience, as well as exposure to real estate, drafting wills, and other solicitor work.
Currently Keith’s practice involves civil litigation and real estate transactions.