When someone contests a will or brings another type of estate litigation claim, they of course hope the court ultimately decides in their favour. It’s important to put forward the strongest possible case you can; if the decision doesn’t go the way you hoped, the appeals process is not guaranteed.
While there may be an opportunity to appeal a ruling, appeals are not simply a second chance to re-argue your case because you didn’t like the outcome. The grounds for an appeal are limited, and strict procedural requirements apply.
If you are considering filing a claim, this is why it is absolutely necessary to have good legal representation from the beginning. A lawyer can help you build the strongest possible case and ensure your position is properly presented when you have the opportunity to do so.
When Can You Appeal an Estate Litigation Decision?
The BC Court of Appeal is concerned with whether the lower court made a reviewable error. Simply being unhappy with the outcome of an estate litigation matter does not mean you can automatically appeal the decision; there must be a legal basis for challenging an outcome.
Grounds for an appeal can include:
- Error of law: The judge applied the wrong legal test, misinterpreted legislation, or otherwise got the law wrong. For example, if a judge applied the wrong legal test when deciding an estate claim, this could potentially be grounds for an appeal.
- Error of fact: The judge made a significant factual error that affected the decision. The threshold for challenging findings of fact is high because the Court of Appeal generally defers to the Supreme Court of BC’s findings of fact. The appellant generally must show a palpable and overriding error.
- Improper exercise of discretion: The judge exercised their discretion based on an incorrect legal principle or otherwise exercised that discretion in a way that the Court of Appeal can properly review.
There are also strict procedural requirements for bringing an appeal. A Notice of Appeal generally must be filed and served within 30 days after the court makes its order. In some circumstances, permission to appeal may also be required.
What Happens During an Estate Litigation Appeal?
Once an appeal has been properly started, the case moves to the BC Court of Appeal for consideration by a panel of three justices.
- The appellant: Explains why the lower court’s decision should be changed and identifies the reviewable errors that support the appeal.
- The respondent: Has an opportunity to respond to those arguments and explain why the original decision should stand.
- The Court of Appeal: May ask questions about the evidence, legal arguments, or issues raised by either side.
The Court of Appeal will then determine whether the alleged error warrants changing the original decision. It may:
- Uphold the original decision and dismiss the appeal.
- Allow the appeal and change or set aside the lower court’s order.
- Send the matter back to the lower court for further proceedings, where appropriate.
What Happens to the Decision During an Appeal?
Filing an appeal does not automatically put the original court decision on hold. If the decision could be acted on while the appeal is pending, you may need to apply for a stay. A stay can prevent the original decision from being acted on while the appeal is being considered.
This can be particularly important in estate litigation where the decision involves:
- Distribution of estate assets
- The sale or transfer of estate property
- Other steps that could affect the estate before the appeal is decided
Get Legal Advice About Your Estate Claim
If you have a question or concern about an inheritance, an executor’s handling of an estate, or your rights as a beneficiary, it’s important to speak with a lawyer as soon as possible. Early legal advice can help you understand your options and determine the appropriate steps to protect your interests.
At Stephens & Holman, our estate litigation lawyers can assess your circumstances, explain your legal options, and help you put forward the strongest possible case. If you are involved in an estate dispute, getting experienced legal representation early can give you the best chance of achieving a favourable outcome.