What Is the Time Limit to Start a Wills Variation Claim in BC?
This answer covers the law of British Columbia.
You generally have 180 days from the date the grant of probate or administration is issued in British Columbia to start a wills variation claim. The clock runs from the date the grant is issued, so it helps to find out early whether an application for a grant has been made.
A copy of the initiating pleading must also be served on the executor no later than 30 days after the 180 days expire, unless the court extends the time for service. If the will-maker had minor children, or a spouse or child is mentally incapable, the Public Guardian and Trustee must be served as well, or the claim will not be heard. A personal representative generally must not distribute the estate within 210 days after the grant is issued, unless the court orders otherwise.
Only a spouse or child of the will-maker can bring this claim. The rules speak of extending time for service, so do not assume the 180-day filing period can be stretched. Whether any extension is possible depends on the facts, and a lawyer can confirm quickly.
Key takeaways
- The 180 days run from the date the grant of probate or administration is issued in British Columbia.
- The claim must be served on the executor no later than 30 days after the 180 days end, unless the court extends the time for service.
- A personal representative generally must not distribute the estate within 210 days after the grant is issued, unless the court orders otherwise or all beneficiaries and all people who may claim consent.
- If the will-maker had minor children, or a spouse or child is mentally incapable, the Public Guardian and Trustee must also be served or the claim will not be heard.