It is common knowledge that an individual can have a will prepared, either by a lawyer or notary public, which sets out how he or she wish their belongings, money and other property to be distributed upon their death. The will designates an individual to see that the testator's wishes are carried out. This individual is known as the executor or the executrix (female). The executor/executrix is responsible for probating the will in court and ensuring that all debts and taxes are paid before distributing the estate to the beneficiaries as set out in the will.

The law in British Columbia allows an individual to leave his or her property to whomever they wish. However the law does not allow individuals to avoid any legal or moral obligations they may have to their spouse and/or children. Since 1920 the law in British Columbia has provided a mechanism whereby a spouse or child left out of a will or not adequately provided for in a will, to apply to the court for relief. The statute is known as The Wills Variation Act. The act provides that a spouse or a child or children of a deceased person who do not feel that they have been properly dealt with in a will, to challenge the will in court.

Wills can also be contested if they have not been properly executed, if they have been forged, signed when the deceased was mentally infirm or signed under duress or undue influence. These cases are generally much more difficult to prove.

Many estate litigation cases can be emotionally charged. Children often believe that an inheritance is due to them as result of promises made during the deceased's lifetime. Children are often treated unequally by parents for various reasons and occasionally are totally estranged. Parents often help one child during their lifetime and not the others. Children can equate an inheritance with parental love and affection and sometimes for lack of it. The various parties may not even be speaking to one another at all by the time they seek legal help. Second spouses can be left the bulk of the deceased estate been the children with little or nothing. Occasionally the animosity is such that these cases can be difficult to resolve.

Litigation is generally very expensive and estate litigation cases often involve a lot of money. Depending on the case, the client may be given the option of having the matter dealt with on a contingency fee basis.

Because of the potential for litigation, it is important that everyone have a properly prepared and executed will. This will not only reduce the time and effort to probate the estate; but it can also help to eliminate potential disputes. Having a will is especially important if young children are involved.