What Is a Notice of Dispute and a Caveat Against a Grant of Probate in BC?
This answer covers the law of British Columbia.
A notice of dispute is the document that pauses probate in British Columbia, and it is the province's equivalent of a caveat. Under Rule 25-10 of the Supreme Court Civil Rules, a person who is or must be given notice under Rule 25-2(2), or who claims an interest under a prior or subsequent will, may file one. It must be filed before the earlier of the issue of an authorization or of the estate grant, or resealing.
The notice must be in Form P29 and give an address for service, and you cannot file more than one for the same estate. While it is in effect, the registrar must not issue an estate grant or authorization, or reseal a foreign grant. It ends one year after filing or any renewal, on withdrawal, once the will is proved in solemn form, or if the court removes it. The court may renew it, but a late application needs good reasons for delay, substantial prejudice to you, and none to others.
Any person interested in the estate may apply to remove a notice, and the court may do so if the filing is not in the best interests of the estate. A lawyer can confirm whether a notice suits you.
Key takeaways
- A notice of dispute must be in Form P29 with an address for service, and you cannot file more than one for the same estate.
- It must be filed before the earlier of the issue of an authorization or the estate grant, and while it is in effect the registrar must not issue a grant.
- It stops being in effect one year after filing, at the end of any renewal period, on withdrawal, when the will is proved in solemn form, or when the court orders it removed.
- Any person interested in the estate may apply to remove it, and the court may order removal if the filing is not in the best interests of the estate.