Michael Yawney, K.C., Partner
Michael Yawney is a Senior Litigation Partner and part of the management team at Nixon Wenger LLP. His practice focuses primarily on accident and injury claims with a particular emphasis on traumatic brain injury claims. With over 25 years of practice as a litigator, he has experience in a wide range of litigation matters. He has represented clients in the Supreme and Appeal Courts of British Columbia and Alberta, as well as in mediations, arbitrations and before various administrative tribunals.
In addition to his personal injury practice, Michael also represents clients in Litigation matters including estate litigation and commercial litigation matters.
James Cotter, Partner
James has been a litigation lawyer for over 25 years, originally in Vancouver, and then for the past 20 years here in the Okanagan. He has a wide practice, including personal injury, health and school law, insurance law; administrative law, and estate litigation. James has successfully litigated claims involving car accidents, slip and falls, medical malpractice, product liability, insurance disability, corporate and contractual disputes, employment issues, human rights complaints, and more. He regularly conducts Supreme Court trials, including Jury trials, and has appeared in the Court of Appeal. He is a member of the B.C. Trial Lawyers Association and the Canadian Bar Association.
Christopher Hart, Partner
Christopher enjoys a wide ranging civil litigation practice, with a particular emphasis on estate litigation, commercial litigation, property litigation, and construction law. Acting as lead counsel, Christopher has appeared in litigation disputes before the British Columbia Court of Appeal, the Supreme Court of British Columbia, the Provincial Court of British Columbia, and various administrative tribunals.
Allison Jaquish, Partner
Allison is a Partner in the Civil Litigation practice group at Nixon Wenger LLP. She has a general litigation practice, with an emphasis on commercial and contract disputes, insurance law, property and construction disputes, and estate litigation. Allison has represented clients at all levels of court in British Columbia, and works with her clients to find solutions that work best for them within the litigation process.
Anthony Eden, Associate
Anthony focuses on estate litigation and civil litigation, helping clients navigate complex legal challenges with clarity and strategic focus.
Tony has successfully represented clients in the Supreme Court of British Columbia and has also had the privilege of assisting senior counsel in cases before the Court of Appeal and the Supreme Court of Canada. He thrives on the challenge of litigation and takes pride in delivering strong advocacy and strategic solutions for his clients.
Andrew Powell, Retired
Taking action is simple.
Send an email using the form on this page with your contact information and a brief description of the Estate situation you need help with.
We will respond to you within 48 hours of receipt of your e-mail.
My father has died and I think that his will was made under the influence of our neighbour. Can I do anything?
You may have a claim to set aside the will. An application to the court is necessary to test its validity. Legal advice is very important before embarking on this course of action.
I cared for my elderly father during his last years. He didn‘t have enough money to pay me but always promised he would "leave me something extra" in his Will. His will hasn’t been changed in 20 years. Is there anything that can be done for me now?
In this type of situation there may be a constructive trust in your favour which may entitle you to claim a greater share of your father’s estate. You may also apply for a greater share of his estate by applying to vary the will. We recommend that you speak with us as these situations are fact specific.
My husband passed away and left his entire Estate to our children, including our house which was registered in his name only. Am I bound by the terms of his Will?
Under the British Columbia Wills Variation Act you are permitted to make an application to Court to have your husband’s Will varied so that you are adequately provided for. It is important to recognize that from the date of the grant of probate there is a limited period of time in which you are permitted to make such a claim. In this type of situation we recommend that you seek legal advice as soon as possible.
I want to dispute an Estate as I believe I am entitled to a bigger share. However, I do not have the money to cover the legal fees. How are your fees calculated and paid?
In some instances our firm is prepared to act for you on a contingency basis. This means that we are paid a percentage of any amount that is paid to you and not on an hourly basis. There are British Columbia Law Society Rules with respect to representing you on a contingency basis and we would be pleased to discuss these with you. In other instances, we bill you based on the amount of time we spend on your matter and not the monetary result.
#301-2706 30th Avenue
Vernon, B.C. Canada V1T 2B6
Hours: 8:00 am to 4:30 pm
Monday to Friday
Wheelchair Accessible
Telephone: 250-542-5353
Toll-Free: 1-800-243-5353
Fax: 250-542-7273
Have You Been Disinherited?
Estate Litigation, BlogWhen You Have Been Disinherited: Understanding Your Legal Options in British Columbia Individuals have broad freedom to decide how their assets are distributed. However, being disinherited can come as a shock, especially when it comes to family. You may have expected to receive something from a parent, spouse, or other close family member, only to […]