Can a Beneficiary See a Will in BC? Who Gets a Copy

You may have been told you are named in a will, or you may be a close relative wondering what it says. Either way, it is natural to want to read it. The answer depends mostly on where the estate is in the probate process.

This article explains how copies of a will normally reach beneficiaries in British Columbia, who must be told when probate is applied for, and what you can do if nothing has arrived.

This article covers the law of British Columbia.

The notice of proposed application is the main route

Before anyone applies for a grant of probate or administration, they must give notice of the proposed application to the persons the Supreme Court Civil Rules specify.

That notice is Form P1, and it must be delivered together with a copy of the will the application relates to. This is the main way a beneficiary gets a copy of the will.

Until the executor starts that process, there may be no document sent to you at all. That is often simply a matter of timing, not a sign that something is wrong.

Who must receive the notice

The notice must go to each beneficiary under the will, as well as to living executors and alternate executors.

The notice must also tell beneficiaries or intestate successors that the applicant has to provide an accounting of how the estate was administered and how its assets were distributed.

• A beneficiary named in the will is entitled to notice.
• A living executor or alternate executor is entitled to notice.
• A person who is not named in the will may not be on the list, so being a relative alone does not guarantee a copy.

What happens after you receive it

The applicant cannot file the probate application until at least 21 days after delivering the notice. That is a limit on when the applicant can file, not a set review period for you, so if you have concerns about the will, it is worth speaking with a lawyer promptly.

If the will is an electronic will, a person who receives notice may demand the original electronic will using Form P46, and the applicant must provide it within 7 days of receiving the demand.

If the applicant makes the reasonable efforts the Civil Rules require to find people entitled to notice but cannot find them, they are not liable for the resulting loss. This is one reason it helps to keep your contact details current with the executor. That protection does not cover claims to recover property or enforce an order for variation of a will.

Searching the wills registry does not give you the will

Once the will-maker has died, anyone who provides the required documents and payment can apply to the Vital Statistics Agency for a search for a wills notice. If the will-maker is still alive, only the will-maker or a lawyer can request the search.

The search costs $20, plus $5 for each additional name the will-maker may have used, and courier delivery costs an extra $33. You apply using the Application for Search of Wills Notice (VSA 532), by mail to the Vital Statistics Agency in Victoria or in person at a Service BC counter (not in Vancouver, Burnaby or Surrey), and you include a photocopy of the death certificate. These fees and locations can change, so confirm them before applying.

The result shows only the date the registered will was signed, where it was kept at that time, and the date Vital Statistics received the wills notice. Vital Statistics does not keep a copy of the will or any record of what it says.

What to do next

• Ask the executor, politely and in writing, whether probate is being applied for and when you can expect notice.
• Keep any Form P1 notice and the copy of the will that came with it.
• Note the date you received the notice, since the applicant cannot file for at least 21 days after delivering it.
• If you suspect the will exists but cannot find who holds it, consider a wills notice search as a first step.
• If the executor is unresponsive or you have concerns about the will, speak with a lawyer about your options.

Court procedures for estate applications have been under revision, so a lawyer can confirm the current steps if you need to go beyond asking the executor.

Frequently asked questions