- Under WESA s. 183, a box leased in the deceased's name, alone or jointly, cannot be removed or emptied until a representative or joint holder prepares a signed inventory.
- After the inventory, a representative may remove the original will and any copies.
- Banks set their own practices on top of the statute, so ask the branch what it requires.
A safety deposit box often holds the most important papers a family needs, including the original will. After a death, it can be frustrating to learn that you cannot simply walk in and open it.
This article explains the BC rule that governs access to a deceased person's box, what the inventory involves and what you can take out. Bank practice varies, so confirm the steps with the branch.
This article covers the law of British Columbia.
The rule in WESA s. 183
Where a box is leased in the deceased's name, alone or jointly, the person controlling the premises must not allow removal of the box or its contents until a representative of the deceased or the joint holder has prepared an inventory. The inventory must be dated and signed by those present.
A copy of the inventory is left in the box and one is kept with the premises controller. The statute sets the minimum procedure only. Individual banks may ask for more.
Who can open the box
The statute refers to a representative of the deceased or a joint holder. A personal representative has the same authority over the estate as the deceased would have if living, subject to any contrary intention in the will and to any enactment.
Institutions decide for themselves whether probate is required before they release assets or close accounts. Some require a grant of probate, and others do not. A bank may therefore ask for a death certificate, identification, the will or other documents before it books an appointment. If you do not yet have a death certificate, you can order one through the Vital Statistics Agency.
- Ask the branch what it needs before you visit.
- Ask whether it will let you attend to search for the will only.
- Ask who must be present and whether a bank employee will witness the inventory.
- Ask whether the box lease continues or ends after your visit.
What can be removed
Once the inventory is prepared, a representative may remove the original will and any copies. This lets the person named as executor take the will to a lawyer to start the probate process.
The statute is specific about the will. Whether other contents can be taken out right away depends on the bank's practice and on the person's authority over the estate. Many families choose to leave valuables in the box until the estate's legal position is clear. A lawyer can tell you what makes sense on your facts.
| Item | What the rule says |
|---|---|
| Original will and copies | May be removed by a representative after the inventory |
| Inventory copies | Both must be kept at least 12 months |
| Copy of inventory in the box | May be removed earlier if the lease is terminated |
| Other contents | Depend on the bank's practice and your authority; confirm before removing |
If you are not sure a will exists
You can apply for a search of wills notice after the testator has died. Anyone who provides the documentation and payment can apply, using form VSA 532 with a photocopy of the death certificate. The fee is $20 per search plus $5 for each additional name the testator may have used, and courier adds $33.
The result shows the date the will was signed, where it was located at that time and the date Vital Statistics received the notice. It does not give you the will itself. That information may point you to a box at a particular bank.
A wills search result must be included with a probate application, even if you believe you have the original last will.
What to do next
- Order death certificates and take them with you.
- Find out which branch holds the box and who is on the lease.
- Call ahead to ask what identification and papers are required.
- Bring everyone who needs to sign the inventory.
- Take photos or detailed notes of everything listed.
- Keep your copy of the inventory safe for at least 12 months.
- Apply for a search of wills notice if you are unsure where the will is.
If family members disagree about the box, or the bank will not co-operate, speak with a lawyer before you take further steps.
Frequently asked questions
Can I open my late parent's safety deposit box without probate?
The statute sets an inventory procedure for boxes leased in the deceased's name. Whether a bank also asks for probate is the institution's own decision, and some require a grant while others do not. Ask the branch before you go.
Can the bank release the box contents right away?
No. The person controlling the premises must not allow removal of the box or its contents until a representative of the deceased or joint holder has prepared a dated, signed inventory.
What can I take out of the box?
After the inventory, a representative may remove the original will and any copies. For other contents, the bank's practice and your authority over the estate matter.
How do I find out if there is a will in a box?
You can apply for a search of wills notice with form VSA 532 and a photocopy of the death certificate. The result shows where the will was located when it was signed, not the will itself.
Sources
- gov.bc.ca After a Death: First steps — www2.gov.bc.ca
- gov.bc.ca Wills registry — www2.gov.bc.ca
- gov.bc.ca After a Death: Deal with wills and estates — www2.gov.bc.ca
- Wills, Estates and Succession Act s. 183 (BC Laws) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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