How do I file a caveat (notice of dispute) or search for one on an estate in British Columbia?
This answer covers the law of British Columbia.
In British Columbia, the equivalent of a caveat is a notice of dispute, which you file in Form P29 and which must give an address for service. It must be filed before the earlier of the issue of an authorization or of the estate grant, and you cannot file more than one for the same estate.
To check whether a probate file or dispute already exists, Court Services Online lets you search probate and caveat/dispute cases by the deceased's name, and all or part of the last name is required. You can narrow results by filing date range. Before a grant can be applied for, the applicant must deliver a notice of proposed application in Form P1 to the listed persons, and the application cannot be made until at least 21 days after delivery.
Once filed, a notice of dispute pauses the grant while it is in effect, but it stops being in effect one year after filing unless the court renews it. Keep copies of everything you file, note the date, and write down when the one-year period ends. Because timing matters, a lawyer can confirm the right form and filing steps for your situation.
Key takeaways
- A notice of dispute is filed in Form P29 with an address for service, and only one can be filed for any estate.
- It must be filed before the earlier of the issue of an authorization or the estate grant.
- Court Services Online lets you search probate and caveat/dispute cases by the deceased's name, and all or part of the last name is required.
- A filed notice of dispute can be withdrawn on Form P30 or removed by court order on Form P31.