Can a beneficiary see a will in British Columbia before probate?
This answer covers the law of British Columbia.
A beneficiary generally gets a copy of the will when the person applying for probate delivers notice of the application. Before applying for a grant of probate or administration, the applicant must give notice of the proposed application to the persons the Supreme Court Civil Rules specify. That includes each beneficiary under the will, as well as living executors and alternate executors.
The notice (Form P1) must be delivered with a copy of the will the application relates to. The applicant cannot file the probate application until at least 21 days after delivering the notice. The notice must also tell beneficiaries that the applicant has to provide an accounting of how the estate was administered and how its assets were distributed.
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 search for a wills notice shows only the date the registered will was signed, where it was kept at that time, and the date Vital Statistics received the wills notice. Whether you can see a will earlier depends on the facts, and a lawyer can confirm your options.
Key takeaways
- Each beneficiary under the will must receive notice of a proposed probate application, and the notice must come with a copy of the will.
- The applicant cannot file the probate application until at least 21 days after delivering the notice.
- A search for a wills notice through the Vital Statistics Agency shows only the date the will was signed and where it was kept, not a copy of the will.
- 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.