Can a Beneficiary See the Will Before Probate Is Granted in British Columbia?
This answer covers the law of British Columbia.
You generally receive a copy of the will when the executor starts the probate process and delivers the notice of proposed application. The notice of proposed application (Form P1) must be delivered with a copy of the will, and this is the main way a beneficiary gets one. The notice must go to each beneficiary under the will, as well as to living executors and alternate executors.
The applicant cannot file the probate application until at least 21 days after delivering the notice. If the will is electronic, a person who receives notice may demand the original using Form P46, and the applicant must provide it within 7 days of receiving the demand. A wills registry search will not help much, because it shows only the date the will was signed and where it was kept, not what it says.
Whether you can insist on seeing the will earlier, before the executor applies, depends on the facts. If an executor is unresponsive or unwilling to act in a way that hampers administration, an interested person can ask the court to remove them. A lawyer can confirm your options.
Key takeaways
- The notice of proposed application (Form P1) must be delivered with a copy of the will, which is the main way a beneficiary gets one.
- The notice must go to each beneficiary under the will, and the applicant cannot file for probate until at least 21 days after delivering it.
- A search of the wills registry shows only the date the will was signed and where it was kept, so it will not tell you what the will says.
- If an executor is unresponsive or unwilling to act in a way that hampers administration, a person with an interest in the estate can apply to the court to remove them.