What Is a Citation in BC Estate Litigation and What Happens If You Ignore It?
This answer covers the law of British Columbia.
If you have received a document called a citation in an estate matter, take it seriously and get advice promptly. Who can issue one, exactly what it can require, and what follows if it is not answered depend on the court rules and forms, which change over time, so confirm the current version with a lawyer.
The rules around executors give some background on how estate problems are handled. A person applying for a grant must make a diligent search and inquiry to find the deceased person's property and liabilities. An executor who has not yet acted can renounce, which is different from asking the court to be discharged after a grant. A court may remove or pass over a person who refuses to act without renouncing.
If you have been served with one, read it closely, note every date on it, and keep a copy of everything you received. Do not wait to see what happens. Speak with a lawyer promptly, because the consequences of not responding depend on what the document asks for.
Key takeaways
- If you receive a document called a citation in an estate matter, read it closely, note every date on it and get advice promptly.
- Who may issue one, what it can require and what follows if it is ignored depend on the current court rules and forms, which a lawyer can confirm.
- An executor who has not yet acted can renounce, which is different from asking the court to be discharged after a grant.
- A court may remove or pass over a person who refuses to act without renouncing.