By Estate Lawyer Tim Louis
If you have a loved one living with a disability, estate planning must balance compassion with legal precision. Families often worry about how to leave an inheritance without putting vital disability benefits at risk. In British Columbia, a Henson Trust is one of the most effective tools to protect both financial stability and quality of life for a disabled beneficiary.
A Henson Trust is a special type of discretionary trust. It allows you to provide long-term support for your loved one while ensuring they remain eligible for government disability assistance programs. Unlike a standard inheritance, funds placed in a Henson Trust are managed by a trustee who has full discretion over distributions. This structure means your loved one receives the benefit of your estate without losing essential medical and financial supports.
At Tim Louis & Company, we understand how important it is to create security for your family while preserving dignity and independence. With the right plan, you can be confident your estate will protect—not disrupt—the future of those you care for most.
A Henson Trust is a type of discretionary trust designed to protect the inheritance of a person living with a disability. Unlike a standard trust, the beneficiary of a Henson Trust has no legal right to demand payments. Instead, the trustee has full discretion over when and how funds are distributed. This discretionary structure is what allows the beneficiary to maintain eligibility for government disability benefits such as BC’s Persons with Disabilities (PWD) program.
The concept originates from the landmark Ontario case Henson v. Ontario (Director of Income Maintenance, 1989). In that case, the court ruled that because the disabled beneficiary could not compel payments, the trust assets could not be counted against her when determining eligibility for government assistance. This precedent gave rise to what is now known across Canada as the Henson Trust.
What sets a Henson Trust apart from an ordinary trust is its protective function. In a regular trust, distributions may be required at set times or in set amounts, potentially disqualifying a beneficiary from much-needed disability supports. A Henson Trust, by contrast, ensures that funds are available for extras—such as improved quality of life, medical equipment, or housing—while core government benefits remain intact.
In British Columbia, Henson Trusts are recognized as a crucial estate planning tool for families who want to provide for a disabled loved one without risking their financial security.
In British Columbia, many families rely on the Persons with Disabilities (PWD) program to provide essential financial and medical support for a loved one living with a disability. According to the BC Government’s Disability Assistance program, eligibility depends on strict asset and income limits. An inheritance received directly by a person with PWD status can easily exceed these thresholds, resulting in the suspension or loss of benefits.
This is where a Henson Trust becomes indispensable. By placing assets into a trust that is fully discretionary, the beneficiary never has control or ownership of the funds. Since the trustee decides when and how to make distributions, the Ministry cannot count the trust as part of the beneficiary’s personal assets. This ensures continued access to vital disability assistance while still allowing the family’s inheritance to enhance quality of life.
Without a Henson Trust, families may unintentionally jeopardize a disabled heir’s long-term financial stability. Even a modest inheritance can interrupt monthly disability payments, medical coverage, and supplementary benefits. Reinstating those benefits can be complex, stressful, and sometimes impossible.
Henson Trusts provide peace of mind. They give families confidence that their planning will protect, not disrupt, the future security of their loved ones. For individuals with disabilities, it means maintaining dignity, independence, and financial stability — while still benefiting from the legacy left behind.
Q: Does a Henson Trust protect disability benefits in BC?
A: Yes. A properly drafted Henson Trust ensures that assets do not count toward a beneficiary’s financial eligibility for provincial disability assistance, allowing them to keep essential PWD benefits while receiving long-term support.
A Henson Trust is built on a simple but powerful principle: the assets placed inside the trust are not legally considered the property of the beneficiary. This is achieved through the full discretion granted to the trustee.
The trustee has absolute control over the trust. They decide if, when, and how much money is distributed to the disabled beneficiary. Because the beneficiary cannot demand funds or require distributions, government agencies such as the BC Ministry of Social Development and Poverty Reduction cannot treat the trust’s assets as belonging to the beneficiary. This preserves eligibility for the Persons with Disabilities (PWD) program and other supports.
Without this discretionary structure, an inheritance could be treated as income or assets in the beneficiary’s name — potentially disqualifying them from PWD assistance. With a Henson Trust, however, the funds are available to improve quality of life without undermining essential benefits. The trust acts as a financial safety net that sits alongside, not in place of, provincial support.
A Henson Trust can be created and funded in several ways:
Each method gives families flexibility in planning how to protect their loved one’s future.
In practice, a Henson Trust often provides for “extras” that disability benefits do not cover: enhanced housing, medical equipment, therapies, or travel. This allows a disabled heir to live with greater comfort and dignity, while continuing to receive crucial government benefits.
A Henson Trust offers families more than legal protection — it provides peace of mind. By shielding assets from being counted as a disabled person’s property, it allows beneficiaries to preserve their disability benefits while still receiving the support of an inheritance. This ensures that essential programs, like BC’s Persons with Disabilities (PWD) assistance, remain intact.
Beyond benefit preservation, a Henson Trust creates long-term financial security. Families can be confident that resources will be available for housing, medical needs, therapies, or other life-enhancing supports. Because the trustee controls when and how funds are used, money is managed responsibly and lasts longer.
A well-drafted Henson Trust also helps reduce family disputes. By clearly outlining the role of the trustee and the purpose of the trust, it minimizes the risk of conflict among heirs and provides legal certainty during what can otherwise be a difficult time.
Most importantly, a Henson Trust supports the dignity and independence of a person living with a disability. It ensures that they can enjoy a better quality of life, without the fear of losing government assistance or becoming financially vulnerable.
Speak with Tim Louis & Company about how a Henson Trust can safeguard your family’s future.
While a Henson Trust is a powerful estate planning tool, it is not without challenges. Families must carefully weigh the following considerations to ensure the trust functions as intended.
Choosing the right trustee is critical. Since the trustee has full discretion over how and when to distribute funds, they must be trustworthy, financially responsible, and committed to acting in the beneficiary’s best interests. Poor trustee selection can lead to mismanagement or family conflict.
Henson Trusts must be drafted with precision. If the wording does not clearly establish the discretionary nature of the trust, government agencies could treat the assets as belonging to the beneficiary — jeopardizing disability benefits. Working with an experienced lawyer is essential to avoid these mistakes.
Although recognized across Canada, Henson Trusts must comply with British Columbia’s estate and trust laws. Local statutes and case law can affect how the trust is interpreted. Without proper compliance, the protective features may be weakened.
Laws and government benefit programs evolve. A Henson Trust that works today may require adjustments in the future. Families should review their estate plans regularly to ensure continued protection.
Q: Who should act as trustee for a Henson Trust?
A: A trustee should be a reliable individual or institution who can manage funds responsibly, act impartially, and always prioritize the disabled beneficiary’s best interests.
When planning for the future of a disabled beneficiary, families often compare different financial and legal tools. While each option can play a role in estate planning, a Henson Trust offers protections that others cannot.
An RDSP is a government-registered savings plan that allows families to set aside money for a person with a disability. Contributions can grow tax-deferred, and the plan may qualify for government grants or bonds. However, RDSPs have strict rules about withdrawals, age limits, and maximum contribution periods. Unlike a Henson Trust, funds in an RDSP are considered an asset of the beneficiary and may impact eligibility for certain benefits if withdrawals are not carefully managed.
A standard discretionary trust can also allow a trustee to decide how funds are distributed. However, if it is not structured with the specific protective features recognized in Henson v. Ontario, the assets may still be considered available to the beneficiary. The Henson Trust is unique because the beneficiary has no enforceable right to demand payment — the key feature that preserves disability benefits.
Some families attempt to use joint accounts with a parent or sibling to manage funds for a disabled loved one. While simple in appearance, joint accounts are risky. They expose funds to the joint owner’s creditors, divorce proceedings, or estate disputes after death. They also lack the clear legal protections and accountability built into a Henson Trust.
Q: What’s the difference between a Henson Trust and an RDSP?
A: An RDSP is a government savings plan with grants and strict rules on contributions and withdrawals, while a Henson Trust is a discretionary trust that protects eligibility for disability benefits by keeping assets out of the beneficiary’s control.
Consider a Vancouver family with an adult daughter, Emily, who receives Persons with Disabilities (PWD) benefits. Her parents want to ensure that when they pass away, Emily is financially secure — but they are worried that a direct inheritance could disqualify her from provincial assistance.
Working with their estate lawyer Tim Louis, they establish a Henson Trust in their wills. Instead of leaving money directly to Emily, they direct the inheritance into the trust. A trusted family friend is appointed as trustee, with full discretion over how and when to provide financial support.
After her parents’ passing, Emily continues to receive her PWD benefits because the inheritance is not considered her personal asset. At the same time, the trustee can use the trust to pay for extras: improved housing, therapies, medical devices, and even small luxuries that enhance her quality of life.
This planning strategy — recommended by advocacy organizations such as Disability Alliance BC — allows families to protect government benefits while still providing meaningful financial support.
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At Tim Louis & Company, we bring over 40 years of experience helping Vancouver families navigate the complexities of estate planning, wills, and disability law. Our firm understands that planning for a loved one with a disability requires both legal precision and compassion. Every family situation is unique, and we take the time to create tailored solutions that safeguard benefits, reduce risks, and promote dignity and independence.
We have successfully guided many families through the process of setting up Henson Trusts, ensuring their loved ones remained eligible for Persons with Disabilities (PWD) benefits while still receiving meaningful financial support.
“Found Tim to be very knowledgeable at helping us to protect the financial future of our daughter with special needs.” — Phyllis Siu, ★★★★★ Google review
When you work with Tim Louis & Company, you can expect clear advice, proven strategies, and unwavering support every step of the way.
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For families exploring Henson Trusts and estate planning for disabled beneficiaries, the following resources provide additional guidance and authority:
BC Government — Disability Assistance (PWD)
Eligibility, income/asset limits, exempt assets, and how to apply for BC Persons with Disabilities (PWD) benefits. Essential when planning a Henson-style trust to keep benefits while supporting quality of life. Vancouver/BC families start here for rules and forms.
https://www2.gov.bc.ca/gov/content/family-social-supports/services-for-people-with-disabilities/disability-assistance
Canada Revenue Agency — Prescribed Disability Trusts (PDT)
Federal guidance on Prescribed Disability Trusts, tax treatment, and how PDTs interact with RDSPs and estates. Useful for trustees and advisers coordinating BC PWD rules with CRA requirements.
https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/registered-disability-savings-plan-rdsp/prescribed-disability-trust.html
Disability Alliance BC — Estate Planning Resources
BC non-profit with practical guides on wills, trusts, and PWD benefits. Clear, community-tested resources for Vancouver/BC families supporting an adult child with disabilities.
https://disabilityalliancebc.org/
CanLII — British Columbia Estate & Trust Case Law
Free case law search for BC trusts, Henson trusts, and estate decisions. Tip: search “Henson trust British Columbia” or “PWD eligibility trust” and filter to BC Courts to see local precedents.
https://www.canlii.org/en/bc/
Probate Lawyer — Vancouver
What probate means in BC, timelines, costs, and how a well-drafted trust can simplify estate administration for families. Local help from Tim Louis & Company.
https://timlouislaw.com/probate-lawyer-vancouver/
Estate Planning for Blended Families (BC)
Strategies for second marriages and step-children in British Columbia, including trusts that protect vulnerable beneficiaries while avoiding conflict.
https://timlouislaw.com/blended-family-estate-planning/
Mental Capacity & Estate Litigation — Vancouver/BC
How BC courts assess capacity, deal with undue influence, and protect beneficiaries. When to seek a committee, vary a will, or use a trust solution.
https://timlouislaw.com/mental-capacity-and-estate-litigation-services-by-tim-louis/
“Why do I feel watched?” LTD Surveillance in BC — What’s legal, what’s not, and how to protect yourself By Tim Louis, Long-Term Disability Lawyer, Vancouver If you’re on long-term disability and you’ve caught yourself glancing at a parked car a little too long, you’re not overreacting. Feeling watched can
Henson Trusts for Disabled Beneficiaries in BC – Insights from Estate Lawyer Tim Louis By Estate Lawyer Tim Louis If you have a loved one living with a disability, estate planning must balance compassion with legal precision. Families often worry about how to leave an inheritance without putting vital disability
by Tim Louis
Estate disputes are never easy. They often come at a time of grief, confusion, and fractured family dynamics. Emotions run high — especially when someone believes that a loved one’s Will doesn’t reflect their true intentions.
One of the most troubling causes behind these disputes is undue influence: when someone manipulates a vulnerable person into changing their Will or estate plan. In British Columbia, this issue is becoming more common as our population ages and more seniors find themselves isolated or dependent on others for care.
At Tim Louis & Company, we understand how painful and overwhelming this situation can be. With over 40 years of experience protecting clients and challenging suspicious Wills, our team is here to provide compassionate, strategic legal support when you need it most. If you suspect that undue influence may have played a role in a recent estate change, you’re not alone — and you may have legal options.
⭐⭐⭐⭐⭐
“Tim Louis is an outstanding human who happens to be a disability lawyer (among many other pursuits). He supported me through a very stressful time. I felt safe, heard, and protected.”
— Mia, Verified Google Reviewer
Q: How can you prove undue influence in a BC estate dispute?
A: To prove undue influence in BC, you need to show that the Will-maker was pressured to the point that the Will does not reflect their true intentions. Evidence may include sudden changes in the Will, isolation from family, or the involvement of a controlling caregiver. A lawyer can help gather medical records, witness accounts, and legal evidence.
When it comes to estate disputes in British Columbia, undue influence is one of the most emotionally complex — and legally challenging — issues to face. It occurs when a person exerts pressure on a vulnerable individual to change or create a Will in a way that benefits them unfairly. This pressure can be overt or subtle — and in many cases, it’s not easy to spot until it’s too late.
Legally, undue influence means that the person making the Will (the “testator”) was not acting freely and voluntarily. Instead, their free will was overpowered by someone they trusted — often a caregiver, adult child, or close family member.
It’s important to distinguish undue influence from:
Undue influence doesn’t always involve threats or obvious manipulation. It can happen quietly, over time. Some common red flags include:
At Tim Louis & Company, we believe in protecting the wishes of those who may no longer be able to protect themselves. We stand up for fairness — and we have the experience to recognize undue influence when it happens.
“Undue influence often hides in plain sight — behind trust, routine, and dependence. At Tim Louis Law, we believe in exposing injustice and protecting the integrity of every Will.”
— Tim Louis, Lawyer & Advocate
Case Snapshot:
A Vancouver senior revised her Will six months before passing, cutting out her two children and naming her caregiver as sole beneficiary. There were no witnesses to conversations, but her isolation and growing reliance on the caregiver raised concerns. After legal review and witness affidavits, the court found undue influence and reinstated the prior Will — restoring fairness to her estate.
Takeaway: If something feels off — document it. Courts in BC take undue influence seriously, especially when supported by medical records, financial timelines, or sudden changes in estate planning.
Undue influence doesn’t always leave obvious fingerprints. But certain red flags often point to coercion — especially when vulnerable individuals are involved. Here are the signs to watch for:
Checklist: Undue Influence Red Flags
Tip from Tim Louis:
“When someone’s circumstances change rapidly and you notice emotional or physical dependence on a single person, it’s time to ask careful questions.”
In British Columbia, undue influence is a serious legal claim — and the courts apply a clear test to determine whether a Will should be set aside.
BC courts often rely on the precedent from Leung v. Chan, which affirmed that:
“Where a relationship of potential dominance exists, and there are suspicious circumstances, the burden may shift to the person benefiting to disprove undue influence.”
Typically, the person alleging undue influence must prove it. But if there’s:
“Our team knows how to uncover the patterns and paper trails that suggest coercion. You don’t have to do it alone.” – Tim Louis
If you believe a loved one was pressured or manipulated into changing their Will, proving undue influence in court takes a strategic and evidence-based approach. Here’s how to start building your case:
Gather medical records that indicate the person was:
Testimony from family, friends, neighbours, and care staff can provide crucial context:
If the Will was drafted with the help of a lawyer, request:
Construct a clear timeline that shows:
Proving undue influence is about connecting patterns. At Tim Louis Law, we help families uncover the truth with care and legal precision.
Suspect undue influence in a Will or estate matter? Don’t wait. Our legal team at Tim Louis & Company has over 40 years of experience guiding families through sensitive estate disputes with compassion and clarity.
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📍 2526 West 5th Ave, Vancouver, BC
📞 Call: (604) 732-7678
✉️ Email: timlouis@timlouislaw.com
Let us help you protect your loved one’s wishes — and your peace of mind.
When a will is declared invalid due to undue influence, several outcomes may follow — all of which can dramatically impact the estate and family dynamics.
If an earlier, valid Will exists, the court may reinstate it. This can restore intended distributions and beneficiaries.
If there’s no previous Will or if it’s also invalid, BC’s intestacy laws will dictate how the estate is distributed. That means:
The courts may oversee how the assets are distributed and appoint an administrator if the executor is also found unfit.
Disputes over Will validity can be emotionally taxing and financially costly. Having legal guidance from the start minimizes risk and provides peace of mind.
At Tim Louis & Company, we help families navigate these complex outcomes with care, transparency, and fierce advocacy when it matters most.
Undue influence occurs when someone pressures or manipulates a Will-maker to change their will in a way that doesn’t reflect their true intentions. It may involve subtle coercion, isolation, emotional abuse, or dependency. In BC, if proven, a will made under undue influence can be declared invalid.
Common signs include:
Initially, the burden is on the person challenging the Will. However, if certain suspicious circumstances are shown, the burden can shift to the beneficiary to prove there was no undue influence. This is based on legal precedents like Leung v. Chan.
Key evidence includes:
Yes. BC courts can declare a Will wholly or partially invalid if undue influence is proven. This can lead to an earlier will being reinstated or default intestacy rules being applied.
You should consult an experienced estate litigation lawyer immediately. Early legal advice can help preserve evidence, protect your rights, and prevent the wrongful distribution of assets.
Still have questions? Contact Tim Louis & Company for a free, confidential consultation. We’re here to help.
⭐⭐⭐⭐⭐
“Tim Louis is very compassionate, kind and supportive. Highly recommended.”
— Teresa Calalang, Google Reviewer
Tim Louis & Company offers compassionate, experienced legal advice to protect your family’s legacy.
📞 Call: (604) 732-7678
📧 Email: timlouis@timlouislaw.com
🌐 Learn More: https://www.timlouislaw.com
Your consultation is free. Your peace of mind is priceless.
“Why do I feel watched?” LTD Surveillance in BC — What’s legal, what’s not, and how to protect yourself By Tim Louis, Long-Term Disability Lawyer, Vancouver If you’re on long-term disability and you’ve caught yourself glancing at a parked car a little too long, you’re not overreacting. Feeling watched can
Henson Trusts for Disabled Beneficiaries in BC – Insights from Estate Lawyer Tim Louis By Estate Lawyer Tim Louis If you have a loved one living with a disability, estate planning must balance compassion with legal precision. Families often worry about how to leave an inheritance without putting vital disability
By Tim Louis
Quick Answer: When Should You Pursue Estate Litigation in BC?
You should consider estate litigation if you suspect a will was changed under pressure, you’ve been disinherited without clear explanation, the executor is hiding information, or you’re concerned about missing assets. In British Columbia, the Wills, Estates and Succession Act (WESA) protects your rights — and gives the courts power to ensure a will reflects your loved one’s true intentions.
Estate disputes can leave families feeling lost and unsure of what’s fair. If you’ve been disinherited, cut off from information, or suspect something isn’t right with a loved one’s will, you may have strong legal options. In British Columbia, the Wills, Estates and Succession Act (WESA) empowers the courts to step in when justice is needed. In this guide, I’ll walk you through when estate litigation makes sense, what signs to watch for, and how to move forward with clarity and confidence — always with your loved one’s true intentions at heart.
Grief is never simple. But when you’ve lost a loved one and then discovered their will doesn’t reflect what’s fair — or worse, what you know they would have wanted — grief can quickly twist into something else: confusion, resentment, disbelief.
Maybe a sibling was too involved in those final weeks. Maybe the will was changed quietly, without explanation. Maybe promises were made — but never put in writing.
If you’re here, you’re likely feeling torn: part of you wants to let it go… the other part knows something isn’t right. This isn’t about greed. It’s about integrity — about making sure your loved one’s legacy isn’t rewritten behind closed doors.
At Tim Louis Law, we’ve seen these stories unfold more times than we can count. And we’re here to tell you: You’re not alone. And you’re not wrong for asking questions.
In this guide, we’ll walk through what estate litigation really means, when it makes sense, and how it might be the exact step your family needs to find both clarity — and closure.
Death has a way of uncovering everything that was left unsaid.
Old family tensions resurface. Promises that were once whispered across kitchen tables suddenly matter. And when a will seems unfair, unclear, or out of character — people don’t just grieve. They question.
In British Columbia, these disputes often begin with more than just money. They begin with confusion, pain, or suspicion:
Sometimes, it’s not about the contents of the will, but about how it came to be. Did your parent truly understand their decisions? Were they pressured? Was someone influencing them behind closed doors?
Other times, people are simply left out — entirely. A spouse, a child, a caregiver — omitted without cause. In these moments, estate litigation isn’t about fighting. It’s about protecting.
Protecting a legacy. Protecting fairness. Protecting the intent of someone who is no longer here to speak.
And that’s where the law — and the right lawyer — can help bring truth to light.
No one wants to go to court over a loved one’s estate. But sometimes, it’s the only path to justice.
Estate litigation in British Columbia isn’t about revenge — it’s about restoring balance when something feels deeply off. When private conversations and family meetings aren’t enough. When you’ve tried to settle things quietly, but the silence speaks volumes.
Here are a few of the moments we see most often:
If any of these sound familiar, know this: You don’t have to handle it alone. Litigation isn’t about tearing your family apart — it’s about standing up when something’s not right and ensuring your loved one’s final wishes were made freely, fairly, and legally.
And sometimes, it takes the courtroom to find the truth that’s been buried.
We get it — “estate litigation” sounds intimidating. Courtrooms. Legal battles. Endless paperwork.
But here’s the truth: the process is often simpler — and more human — than most people expect. And with the right lawyer, you’re never walking through it alone.
Here’s how it typically unfolds:
Step 1: Initial Consultation
You meet with a lawyer (like Tim Louis) to review the situation. We’ll listen to your concerns, review the will, and determine if you have a strong legal claim. There’s no cost for this first conversation.
Step 2: Investigation & Evidence Gathering
We request key documents — wills, medical records, financial records — and begin uncovering what really happened. If we suspect undue influence or incapacity, we dig deeper.
Step 3: Filing a Wills Variation or Estate Claim
If you have standing (as a spouse, child, or interested party), we file a claim in the BC Supreme Court under the Wills, Estates and Succession Act (WESA).
Step 4: Negotiation & Resolution
Most estate disputes settle out of court. We’ll advocate firmly for a fair result — through negotiation, mediation, or settlement talks.
Step 5: Court (if needed)
If the other side won’t cooperate or the facts are in dispute, we’re prepared to represent you in court. Sometimes, shining a light publicly is what it takes.
Step 6: Final Distribution
Once the dispute is resolved, the estate can be fairly distributed, and you can begin to move forward — with closure, not questions.
You don’t have to understand every legal term or procedure. That’s our job. Yours is to bring us your truth — and let us carry the weight from there.
This checklist is for informational purposes only and does not constitute legal advice. Please consult a lawyer for personalized guidance.
There’s a myth that estate litigation tears families apart.
But in truth, it’s often what prevents families from breaking down completely — from allowing resentment, confusion, and injustice to silently rot what was once strong.
Litigation isn’t about airing dirty laundry or picking fights. It’s about saying, “This doesn’t feel right,” and giving that feeling a safe, legal space to be heard. Because when questions about fairness or intent go unspoken, they don’t disappear — they fester. For years. Sometimes generations.
At Tim Louis Law, we’ve seen families lose each other not because they litigated — but because they didn’t. Because they let one person’s silence become the family story. Because they were too afraid to ask the questions that mattered most.
Litigation, when done right, is not about winning. It’s about revealing. And sometimes, the act of standing up for what’s right is what brings peace — not just to you, but to the memory of the one you’ve lost.
If you feel the weight of that silence pressing in… maybe it’s time to speak.
Tim Louis has helped countless families resolve estate conflicts with compassion and clarity.
Get a free, no-pressure consultation today.
👉 Request My Consultation
After her parent passed away, a Vancouver woman found herself facing more than grief — she was facing uncertainty. A will had surfaced that didn’t reflect what she believed her parent truly intended. Family communication had broken down, and tension was mounting.
She didn’t want a fight. She wanted fairness. So, she reached out to a lawyer known not just for his experience — but for his kindness.
From the very first call, Tim Louis listened without judgment. He reviewed the situation, explained her rights under the Wills, Estates and Succession Act, and outlined clear, practical steps she could take.
With his guidance, she was able to move forward confidently. She found answers. She found closure. And she found her voice — at a time when she felt unheard.
“I highly recommend Tim Louis and Company,” she later wrote in a public review. “He helped me in a number of situations — primarily will and estate matters.”
Her story reminds us: estate disputes aren’t about blame. They’re about ensuring a loved one’s legacy is protected — with compassion, integrity, and care.
At Tim Louis Law, we’ve chosen a clear path — and that path is litigation.
While many firms offer mediation as a softer alternative, we believe that in cases involving unfair wills, undue influence, or executor misconduct, litigation is often not only appropriate — it’s necessary.
Because mediation depends on everyone coming to the table in good faith. But in estate disputes, that’s not always the case. Power dynamics can be skewed. Documents can be hidden. And the person you’re up against might not have any interest in compromise.
Litigation, by contrast, puts everything on the record. It brings facts to light. It ensures that you’re not negotiating from a place of weakness — but with legal rights, a structured process, and experienced advocacy behind you.
We’re not here to start fights. We’re here to resolve them — fairly, firmly, and with dignity.
And if court is what it takes to protect your parent’s wishes or your rightful place in the estate… we’ll be there every step of the way.
In a legal world that can feel cold, complex, and impersonal — Tim Louis is none of those things.
What sets Tim apart isn’t just his 40+ years of experience, though that matters. It’s his approach. His belief that law should feel human. That you deserve to be heard. And that every estate case, no matter how tangled or emotional, deserves time, care, and strategic clarity.
When you work with Tim, you won’t be passed from associate to associate. You’ll get direct access. Prompt responses. A lawyer who not only knows the law but knows how to listen.
He’s been helping clients like you navigate will challenges, executor disputes, and unfair estate outcomes across British Columbia for decades — and he’s built a reputation on trust, results, and compassion.
Most of all, Tim understands that this isn’t just a case. It’s your family. Your legacy. Your peace of mind.
And he’ll fight for all three — with skill and kindness.
“You don’t have to carry this alone. Let’s talk — and find a path forward that protects what matters most.”
Explore these trusted resources from Tim Louis Law to help you make informed legal decisions and protect what matters most.
🔁 This page is part of our Living Content System™ and reviewed regularly for accuracy and legal compliance.
🕒 Last reviewed: by Tim Louis, Long Term Disability Lawyer in Vancouver
“Why do I feel watched?” LTD Surveillance in BC — What’s legal, what’s not, and how to protect yourself By Tim Louis, Long-Term Disability Lawyer, Vancouver If you’re on long-term disability and you’ve caught yourself glancing at a parked car a little too long, you’re not overreacting. Feeling watched can
Henson Trusts for Disabled Beneficiaries in BC – Insights from Estate Lawyer Tim Louis By Estate Lawyer Tim Louis If you have a loved one living with a disability, estate planning must balance compassion with legal precision. Families often worry about how to leave an inheritance without putting vital disability
Wondering if it’s time to speak with an estate lawyer in Vancouver? Whether you’re creating a Will, administering a loved one’s estate, or facing a dispute over inheritance, the right legal advice can protect your family, honour your wishes, and prevent costly mistakes. In this guide, we’ll walk you through when to seek help, how BC law applies, and what to expect from working with a compassionate, experienced estate lawyer like Tim Louis.
By Tim Louis
Estate planning may not be top of mind when life is busy, but in British Columbia, the stakes are too high to ignore. Whether you’re writing a Will, managing a loved one’s estate, or navigating a dispute, the decisions you make today can impact your family for generations.
BC’s unique legal framework — including the Wills, Estates and Succession Act (WESA) — gives the courts broad power to vary a Will. That means even carefully written estate plans can be challenged, delayed, or overturned without proper legal guidance. For families, this can result in costly court battles, emotional rifts, and years of uncertainty.
An experienced estate lawyer helps you make sense of the law, protect your wishes, and guide your family with clarity when it matters most. It’s not just about documents — it’s about peace of mind.
Many people assume that an estate lawyer simply helps draft Wills. In reality, their role goes far deeper—especially in a province like British Columbia where estate laws are complex and highly regulated under WESA.
Here’s what an estate lawyer can help you with in BC:
✔ Drafting and Updating a Will – A legally sound Will ensures your assets are distributed according to your wishes and reduces the risk of family disputes.
✔ Creating Power of Attorney and Representation Agreements – These important documents protect you if you become incapacitated and need someone to make decisions on your behalf.
✔ Establishing Trusts – Trusts can be used to protect beneficiaries, reduce taxes, and manage complex or blended family situations.
✔ Advising Executors and Beneficiaries – If you’re named as an executor, a lawyer helps you meet legal responsibilities like applying for probate, notifying beneficiaries, and distributing assets properly.
✔ Handling Estate Disputes – Estate lawyers also represent individuals in litigation, including will variation claims, undue influence allegations, or challenges to capacity.
Estate law isn’t one-size-fits-all. In BC, it takes insight and experience to ensure your legacy is protected and your loved ones are taken care of.
Not sure if you really need a lawyer? You’re not alone. But in many cases, legal guidance can save your family from future stress, unexpected costs, or even litigation.
Here are five signs it’s time to talk to an estate lawyer:
When the stakes are high, legal advice isn’t just helpful—it’s essential. A short consultation today could save your family from years of uncertainty.
In British Columbia, estate planning and estate litigation might sound like opposite ends of the legal spectrum — one proactive, one reactive. But they’re deeply connected, and both benefit from sound legal advice.
Estate Planning is the process of preparing for the future. It involves drafting documents like wills, trusts, and powers of attorney to ensure your wishes are clearly documented and legally enforceable. When done properly, it can:
Estate Litigation happens when something goes wrong. A Will is challenged. An executor is accused of misconduct. A beneficiary believes they’ve been treated unfairly. These disputes are emotionally and financially draining — and all too common in BC’s flexible estate law environment.
By working with an experienced estate lawyer early, you dramatically reduce the risk of litigation later. And if a conflict does arise, having trusted legal guidance ensures your rights are protected and the process moves forward efficiently.
Estate planning isn’t just about documents — it’s about peace of mind. And when families across Vancouver need trusted legal guidance for wills, probate, or planning for the future, they turn to Tim Louis.
Here’s what some of his clients have said:
“Tim and his assistants prepared my will with efficiency and empathy. I was very pleased with the service.”
— Dennis H.
“I highly recommend Tim Louis and Company. Tim helped me in a number of different situations — primarily wills and estate. Thoughtful, kind, and clear with his advice.”
— Sue S.
“I asked Tim to do my will. Great service — thanks so much Tim. Highly recommend.”
— Jean S.
“My husband and I had our wills updated by Tim and his very capable staff. We were very pleased with the quality of the service.”
— Daphne D.
“Tim helped us protect the financial future of our daughter with special needs. He is very ethical and has a brilliant mind.”
— Phyllis S.
With four decades of experience and a reputation for compassionate, client-first service, Tim Louis makes estate planning feel less daunting — and more empowering.
Planning your estate is one of the most important steps you can take to protect your family’s future — and you don’t have to navigate it alone.
Whether you’re preparing your first Will, updating an estate plan, or managing a loved one’s estate through probate, Tim Louis is here to help. With over 40 years of experience serving individuals and families across Vancouver and British Columbia, you can trust his guidance to be both compassionate and legally sound.
📞 Call (604) 732-7678 today for a free consultation.
✉️ Or email timlouis@timlouislaw.com to take the first step toward peace of mind.
Your legacy matters. Let’s make sure it’s protected.
You should consider hiring an estate lawyer if:
Yes, British Columbia allows handwritten or online wills under the Wills, Estates and Succession Act (WESA). However, without legal advice, there’s a high risk the will could be invalid or contested, especially in complex situations.
An estate lawyer:
Costs vary based on complexity. For a simple will, fees may start around $500–$800. Complex estate planning or litigation can cost more, but the long-term savings in avoided taxes, probate delays, and legal disputes often outweigh the fees.
DIY will kits often fail to meet legal standards, leading to:
Yes. A well-drafted estate plan can:
Not at all. Estate planning is for anyone who wants control over their legacy — including guardianship for children, funeral wishes, and asset distribution. Even modest estates benefit from legal protection and clarity.
Look for someone with:
✔ Wills aren’t just for the wealthy – Everyone can benefit from a legally valid will to avoid family stress and ensure their wishes are respected.
✔ Estate planning prevents legal challenges – Early planning helps avoid disputes, protect vulnerable dependents, and honour blended family dynamics.
✔ Probate can be complex – If you’re an executor or family member managing a loved one’s estate, legal guidance ensures you meet all legal duties in BC.
✔ Wills variation claims are real – BC’s WESA law allows for legal challenges; having a lawyer reduces risks and helps craft a defensible plan.
✔ Tim Louis makes it simple – With over 40 years of trusted service in Vancouver, Tim Louis is known for clear guidance, compassionate service, and legally sound solutions.
If you’re wondering whether it’s time to speak to an estate lawyer, the following resources provide deeper insight into British Columbia’s legal framework, your rights, and the services available to help you secure your legacy and protect your family’s future.
Understanding Wills Variation in British Columbia
Explore your rights under BC’s Wills, Estates and Succession Act (WESA) and how to contest or defend a will.
https://timlouislaw.com/wills-variation-lawyer/
Estate Lawyer Vancouver – Full-Service Support
Learn how Tim Louis helps clients across Vancouver draft wills, plan estates, and resolve disputes with compassion and expertise.
https://timlouislaw.com/estate-lawyer-vancouver/
Probate Lawyer Vancouver – Simplify the Legal Process
Need help navigating probate? This guide explains how a lawyer can help you with grant of probate, estate distribution, and executor duties.
https://timlouislaw.com/probate-lawyer-vancouver/
Wills Lawyer Vancouver – Plan for the Future with Confidence
Wills are more than documents—they’re a legacy. This page shows how Tim Louis ensures your will is valid, complete, and respected.
https://timlouislaw.com/wills-lawyer-vancouver/
Estate Litigation and Undue Influence
Concerned about undue influence or will fraud? This article explains your options when contesting a will or defending one.
https://timlouislaw.com/estate-litigation-and-undue-influence/
Wills, Estates and Succession Act (WESA) – Province of BC
The full legislation that governs wills, estates, intestacy, and succession in British Columbia.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01
Public Guardian and Trustee of British Columbia
Offers guidance on incapacity planning, adult guardianship, and protecting vulnerable individuals during estate matters.
https://www.trustee.bc.ca/
BC Ministry of Attorney General – Estate Administration
Understand your responsibilities as an executor or administrator in BC.
https://www2.gov.bc.ca/gov/content/life-events/death/wills-estates/estate-administration
People’s Law School – Estate Planning Resources
An independent non-profit offering plain-language legal education on estate planning, wills, and power of attorney in BC.
https://www.peopleslawschool.ca/topics/wills-estates/
“Why do I feel watched?” LTD Surveillance in BC — What’s legal, what’s not, and how to protect yourself By Tim Louis, Long-Term Disability Lawyer, Vancouver If you’re on long-term disability and you’ve caught yourself glancing at a parked car a little too long, you’re not overreacting. Feeling watched can
Henson Trusts for Disabled Beneficiaries in BC – Insights from Estate Lawyer Tim Louis By Estate Lawyer Tim Louis If you have a loved one living with a disability, estate planning must balance compassion with legal precision. Families often worry about how to leave an inheritance without putting vital disability
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2526 West 5th Ave,
Vancouver, BC V6K 1T1
ABOUT VANCOUVER, BC BASED LAW FIRM SPECIALIZING IN LONG-TERM DISABILITY, PERSONAL INJURY, EMPLOYMENT LAW AND ESTATE LITIGATION.
At the law firm of Tim Louis and Company, we are committed to helping people through difficult times. Starting with a free consultation, we help people who need it most to get the compensation they deserve. Our practice includes Long-Term Disability, Personal Injury, Employment Law and Estate Litigation. With over four decades of experience, Tim Louis has helped people across British Columbia get legal help when they need it most.
Estate Litigation & Wills | Long-Term Disability Claims | Personal Injury
Employment Law | Wills & Estate Planning | Probate Administration
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⚖️ Over 40 Years of Legal Advocacy – Fighting for Justice in BC
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📧 Email: timlouis@timlouislaw.com
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