Can You Access a Bank Account Without a Will or Grant in British Columbia?

A relative has died with no will, and there is a bank account with money in it. You may be wondering if a small estate can be settled without going to court.

The answer depends on the bank and the details. This article explains what a grant of administration is, how it is obtained, and how to approach a bank without making mistakes.

This article covers the law of British Columbia.

Why banks ask for a grant

A bank has to be sure it pays the right person. When there is no will, the document that normally proves someone's authority is a grant of administration from the B.C. Supreme Court. Once appointed, the administrator is deemed to be the personal representative from the date of death.

Each institution sets its own approach, and it can vary with the amount and the kind of account. The only reliable way to know is to ask the bank, in writing if possible.

Some accounts are held jointly or have a named beneficiary, and those may be treated differently from an account in the deceased's name alone. A lawyer can confirm how that works for the account you are dealing with.

Who can apply for a grant

The first priority to be granted administration is the spouse of the deceased, or a person the spouse nominates. A child ranks next, applying with the consent of a majority of the children.

A spouse here means a married partner, or a partner in a marriage-like relationship of at least 2 years. Married spouses stop being spouses if an event such as separation causes an interest in family property to arise under the Family Law Act. Spouses in a marriage-like relationship stop being spouses when one or both of them end the relationship. Spouses are not treated as separated if, within one year after separating, they resume living together primarily to reconcile and live together for periods totalling at least 90 days. The court may also appoint any person it considers appropriate in special circumstances.

How the grant process works

• Do a wills notice search, and make a diligent search for a will, including electronic devices and third-party repositories.
• Deliver a notice of proposed application in Form P1, then wait at least 21 days before applying.
• Send the P1 to each intestate successor, and to each creditor with a claim over $10,000, along with others the rules require.
• Apply at any B.C. Supreme Court registry with Form P2 and the wills notice search.
• File the supporting documents, including the applicant's affidavit in Form P5, Form P9 affidavits of delivery, and an affidavit of assets and liabilities in Form P10 or P11.

Ordinary mail is deemed delivered on the mailing date. Delivery by email or fax counts only after the recipient acknowledges it in writing, and the applicant must then swear a Form P9 affidavit.

If the estate is small

The size of the estate can change who inherits when there is a surviving spouse. If the net intestate estate is worth less than the spouse's preferential share, the surviving spouse takes the whole estate and the descendants take nothing.

If nobody is willing or able to act as administrator, the Public Guardian and Trustee may administer the estate, but it may refuse if the cost of administering would exceed the value of the assets.

What to do next

• Phone the bank, tell it about the death, and ask what it needs for an estate with no will.
• Ask the bank to confirm its requirements in writing.
• Do not withdraw or move money until you know you have authority.
• Gather the death documents, account statements and any papers you find that may be a will.
• Speak with a lawyer if the bank asks for a grant, or if the account is joint or has a named beneficiary.

Frequently asked questions