Can an Executor Open a Deceased Person's Safety Deposit Box in British Columbia?
This answer covers the law of British Columbia.
An executor can usually get into a deceased person's safety deposit box in British Columbia, but only after an inventory of the contents has been prepared. Under section 183 of the Wills, Estates and Succession Act, the person controlling the premises must not allow the box or its contents to be removed until a representative of the deceased, or a joint holder, has prepared a dated inventory signed by those present. A copy stays in the box and one is kept by the premises controller.
Whether you need probate first depends on the institution, because institutions set their own rules on releasing assets or closing accounts, and some require a grant of probate while others do not. Practice also varies by bank, so ask the branch what documents it wants before you visit.
Once the inventory is done, a representative may remove the original will and any copies, and both inventory copies must be kept at least 12 months, though the box copy may go earlier if the lease is terminated. Finding the will does not replace a wills search, because a wills search result must be included with a probate application even if you believe you have the original last will. A lawyer can confirm the steps for your situation.
Key takeaways
- Nothing can be removed from the box until a representative of the deceased or a joint holder has prepared a dated, signed inventory.
- Whether the bank wants a grant of probate first is its own rule, and some institutions require one while others do not.
- After the inventory, a representative may remove the original will and any copies, and both inventory copies must be kept at least 12 months, though the copy in the box may be removed earlier if the lease is terminated.
- A wills search result must go with a probate application even if you believe you have the original last will.