Can I stop probate while I challenge a will in British Columbia?
This answer covers the law of British Columbia.
Yes, in many cases you can pause probate by filing a notice of dispute, but only if you are someone the rules allow to file one. That means a person who is or must be given notice of the application, or who claims an interest under a prior or subsequent will. While a notice of dispute is in effect, the registrar must not issue an estate grant for that estate.
A notice of dispute must be filed before the earlier of the issue of an authorization or of the estate grant, and it does not last forever. It ends one year after filing, at the end of any renewal period, if you withdraw it, if the will is proved in solemn form, or if the court orders it removed. Any interested person can apply to remove it, and the court may order removal if the filing is not in the best interests of the estate.
A notice of dispute pauses the grant; it does not decide whether the will is valid. Separately, if you are the will-maker's spouse or child, a wills variation claim has its own limit of 180 days from the date the grant is issued. A lawyer can help you choose which steps fit your situation.
Key takeaways
- A notice of dispute filed before the grant is issued stops the registrar from issuing an estate grant while it is in effect.
- It stops being in effect one year after filing unless the court renews it, and you can withdraw it or the court can remove it.
- Only a person who is or must be given notice, or who claims an interest under a prior or subsequent will, can file one.
- A spouse or child with a wills variation claim has a separate 180-day limit from the date the grant is issued.