Hammerco Lawyers LLP was proud to support the Advocis Estate Planning Summit again this year, where Partner Krista Simon returned as a featured speaker. Her session, “Estate Plans on Trial: What the Litigation Files Reveal,” offered attendees, including financial advisors, a behind-the-scenes look at how and why estate plans break down, and what practitioners can do to prevent disputes long before they reach a courtroom.
Estate litigation is the ultimate stress test for any estate plan. As Krista noted, when a plan ends up in court, it exposes both the expected and the entirely unforeseen weak points. These files reveal patterns, communication breakdowns, mismatched expectations within families, unclear drafting, and missed updates, which can derail even well-intentioned plans.
For advisors, these estate litigation cases aren’t just cautionary tales. They’re learning tools that can sharpen future planning and strengthen outcomes for clients.
Krista pointed to the broader societal landscape shaping modern estate conflicts:
And the common thread? A breakdown in communication, clarity, and process.
Krista then walked attendees through several recent BC cases that illustrate recurring issues:
Unclear drafting, vague clauses, conflicting provisions, and informal “letters of wishes,” as seen in Maurer Estate (Re), 2025 BCSC 1539. The question: does a “letter of wishes” express the wishes or intention of a will maker? And how does a charitable intent impact distribution under a will?
In Kasper v. Collins, 2025 BCSC 654, a stepchild challenged the validity of an unsigned draft will amid multiple conflicting versions. The case highlights how shifting family dynamics demand consistent updates and clear communication.
In Hill v. Dhanda, 2025 BCSC 333, the court undertook a ‘holistic review’ to determine whether the plaintiff was a common-law spouse. With more couples choosing not to marry, this question arises frequently in estate disputes.
Cases such as Virdi Estate (Re), 2025 BCSC 689 and Barbieri v. White, 2025 BCCA 253 demonstrate how fractured families can turn executor appointments into battlegrounds, and on what basis an executor can be removed and what disqualifies them.
Wicklund v. Denis and Yvone Blakely 2015 Joint Partner Trust, 2025 BCSC 1894, looked at whether there were suspicious circumstances, undue influence, or capacity issues that led to a change in the gift to the plaintiffs. The plaintiffs describe the changes as drastic and illogical.
Krista closed with clear, practical guidance for advisors and planners looking to strengthen their clients’ estate plans:
Estate disputes are emotionally and financially draining, but can also often be preventable. By understanding the patterns seen in litigation, advisors can help clients build plans that withstand uncertainty, preserve relationships, and honour their true intentions.
Krista and Hammerco’s estate litigation team remains committed to sharing knowledge in the field and supporting advisors in creating stronger and more resilient plans.
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