Legal Guidance for Families Navigating Complex Estate Matters

If you need an experienced and qualified estate litigator, our team is here to help.
Michael Yawney, James Cotter, Chris Hart, Allison Jaquish, and Anthony Eden—lawyers at Nixon Wenger LLPprovide trusted estate litigation services throughout British Columbia.
For assistance, please email Chris at [email protected] with your contact information and a brief description of the services you require.

About Us

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.

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Estate Litigation Frequently Asked Questions

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.

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.

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.

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.

Tony Eden, civil litigation and estate dispute lawyer, recently received reasons for judgment from the Supreme Court of British Columbia in Reimer v. Reimer, 2026 BCSC 60, a complex estate litigation matter. The Court largely accepted our client’s position and imposed a substantial resulting trust in favour of the estate.   Estate disputes of this […]

Our team of Estate Litigation lawyers is here to help.

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