How to Do a Wills Registry Search in British Columbia After a Death

When someone dies and nobody can find a will, it is natural to wonder whether one was ever made. In British Columbia, a central wills registry may hold a notice that tells you a will exists and where it was kept.

This page explains who can ask for a search, what you need to send, what the answer does and does not tell you, and how to follow up if the will turns up in a bank box, a lawyer's office or somewhere else.

This article covers the law of British Columbia.

What the wills registry is, and who can search

The wills registry is run through Vital Statistics. A search result shows the date the will was signed, where the will was located at that time, and the date Vital Statistics received the notice. The registry does not give you the will itself, so a search is a way to find a lead, not a copy of the document.

If the person who made the will has died, anyone who provides the documentation and payment can apply for a search of wills notice. While the person is still alive, only that person or a lawyer can request a search. So the rules open up after a death, and you do not need to be the executor to ask.

What you need to apply

You apply using the Application for Search of Wills Notice, form VSA 532, with a photocopy of the death certificate. You can submit it by mail or in person at a Service BC counter, but not the Vancouver, Burnaby or Surrey locations.

• Form VSA 532, completed
• A photocopy of the death certificate
• Payment of the search fee
• Any other names the person may have used, since extra names cost extra

The search fee is $20 per search plus $5 for each additional name the person may have used when applying by mail, and courier adds $33. Fees are set by regulation and can change, so confirm the current amount before you pay.

Getting a death certificate for the application

If you do not yet have a death certificate, it can be ordered online by credit card, in person at a Service BC counter with form VSA 430D, or by mail to the Vital Statistics Agency in Victoria. A funeral home can also supply copies.

Death certificates cost $27 by mail or $60 by courier, and they take 2 to 5 business days to print plus mailing time. Build that wait into your plans, because you cannot complete the wills search application without the certificate.

What the result will and will not show

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. It does not show what the will says or who is named in it.

• It may point you to a lawyer's office, a home, or a safety deposit box.
• The location is where the will was when the notice was filed, so it may have moved since.
• No result does not prove there is no will. If nothing turns up, how to proceed depends on your situation, so it is worth confirming next steps with a lawyer.

If you are applying for probate, the wills search result must be included with the application, even if you believe you already have the original last will. That is one reason to run the search early.

What to do next

Follow the lead the result gives you. If the will may be in a safety deposit box leased in the deceased's name, alone or jointly, the person controlling the premises must not allow the box or its contents to be removed until a representative of the deceased or the joint holder has prepared an inventory, dated and signed by those present. After that, a representative may remove the original will and any copies.

• Order the death certificate and send form VSA 532.
• Contact whoever the result points to, such as the lawyer or the bank.
• If a safety deposit box is involved, arrange the inventory before anything is removed.
• Keep the search result with your estate papers for a probate application.
• If no will is found, or you are unsure who can act, speak with a lawyer. A person can apply to handle the estate as administrator when there is no will.

Frequently asked questions