British Columbia Wills Registry Search: Does a Will Exist?

When someone dies and no will turns up, relatives often wonder whether one was ever made. British Columbia has a wills registry that can help answer part of that question.

This article explains what the registry holds, who can search, how to apply and what it costs, and what to do with the result.

This article covers the law of British Columbia.

What the wills registry is and is not

The registry holds notices that a will was made. It does not hold the will. The result shows the date the will was signed, where the will was located at that time, and the date Vital Statistics received the notice.

That means a result is a lead, not the document. What a result, or an empty result, means for your situation depends on the facts. A lawyer can explain what other steps are sensible.

A wills search is also separate from the death registration. A death certificate is proof of death that can be ordered from the funeral home or the Vital Statistics Agency, and some services require a certified copy.

Who can search

If the testator has died, anyone who provides the documentation and payment can apply for a search of wills notice. You do not have to be the executor or a relative.

While the testator is still alive, the rule is different: only the testator or a lawyer can request a search.

How to apply and what it costs

You use the Application for Search of Wills Notice (VSA 532), with a photocopy of the death certificate. You can submit it by mail or in person at a Service BC counter, except the Vancouver, Burnaby and Surrey locations.

Fees are set by regulation and can change, so confirm the current amounts before paying. Include other names the person used, such as a former surname or a different spelling, since each additional name is part of the search.

If you do not yet have a death certificate, you can order one online by credit card, in person at a Service BC counter with form VSA 430D, or by mail. A funeral home can also supply copies. Certificates take 2 to 5 business days to print plus mailing.

Using the result

If the result points to a location, such as a lawyer's office or a safety deposit box, start there. Where a box is leased in the deceased's name, the person controlling the premises must not allow removal of the box or its contents until a representative of the deceased or a joint holder has prepared a dated and signed inventory. After that, a representative may remove the original will and any copies. Bank practice varies, so ask the branch what it needs.

Both copies of the inventory must be kept at least 12 months. The copy in the box may be removed earlier if the lease in the deceased's name, or held jointly with the personal representative, is terminated.

If a will is found, the person it names can act as executor. Without a will, a person can apply to handle the estate as administrator. If you apply for probate, a wills search result must be included with the application, even if you believe you have the original last will. If there is no will, how the application works depends on your situation, so it is worth confirming with a lawyer.

Once a personal representative is in place, they have the same authority over the estate as the deceased would have if living, subject to a contrary intention in the will and to any enactment. They must also administer and distribute the estate and account to beneficiaries and creditors.

• A result with a will location is a lead, not proof the will is valid.
• A result may list a will that is older than another one you find; a lawyer can help sort this out.
• Institutions set their own rules on whether probate is needed before releasing assets.

What to do next

• Order a death certificate if you do not have one.
• Make a list of every name the person used.
• Complete form VSA 532 and attach a photocopy of the death certificate.
• Choose mail or a Service BC counter, remembering the exceptions for Vancouver, Burnaby and Surrey.
• Follow up on the location the result gives.
• Speak with a lawyer if you cannot locate the will or relatives disagree about it.

Frequently asked questions