Do Beneficiaries Get Notice Before Probate Is Granted in British Columbia?

You have heard that a family member's will is going to probate, but nobody has shown you anything. You may wonder whether you are entitled to know before the court issues a grant, and what you can do if something looks wrong.

In British Columbia the answer is generally yes: the person applying must give notice first. This article explains who gets it, what it contains, how long the wait is and what your options are. Details depend on your estate, so check specifics with a lawyer.

This article covers the law of British Columbia.

Who must be notified?

Before applying for a grant of probate or administration, the applicant must give notice of the proposed application to the persons the Supreme Court Civil Rules specify. Under Rule 25-2(2)(a), the notice must go to each beneficiary under the will, as well as to living executors and alternate executors.

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. That protection does not cover claims to recover property or enforce an order under the wills variation division. If you think the applicant may not have your current details, it is worth raising that with them or with a lawyer early.

What the notice contains and comes with

The notice of proposed application (Form P1) must be delivered with a copy of the will the application relates to. This is the main way a beneficiary gets a copy of the will.

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. That means the applicant is expected to be answerable to you for what they do with the estate.

When applying for an estate grant, the applicant must also search the deceased's electronic devices and any third-party electronic repositories the deceased used for a will, and make a diligent search and inquiry to find the deceased's property and liabilities and disclose them as the Civil Rules require. That duty to disclose property does not apply if the deceased was not domiciled or ordinarily resident in BC, the property is outside BC, and it is or will be administered by a foreign personal representative or under foreign law.

For electronic wills, 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.

The 21-day wait

The applicant cannot file the probate application until at least 21 days after delivering the notice. What you do with that time depends on your situation, and a lawyer can help you decide how to use it before the application goes to court.

• Read the will carefully when it arrives and note what it gives you.
• Check whether the executor named is the person applying.
• Note the date you received the notice, since the 21 days run from delivery.
• Ask the applicant questions in writing if anything is unclear.
• Consider getting legal advice within that window.

Can you object before the grant issues?

The notice must be given before the application is made, and the applicant cannot file until at least 21 days after delivering it. What formal steps are available to challenge an application, and how to take them, depend on the facts and on court procedures that can change. A lawyer can tell you what applies to your estate and how to act quickly.

Two timing points are worth knowing even if you do not object. A spouse or child claiming the will does not adequately provide for them has 180 days from the date the grant is issued in BC to start a wills variation proceeding. And after a grant issues, a personal representative generally must not distribute within 210 days unless an exception applies or the court orders it.

If you later have concerns about how the estate is run, any person with an interest may apply to the court to remove or pass over a personal representative on the grounds in the Act.

What to do next

• Keep the notice, the envelope or email and the will copy, and record the delivery date.
• Compare the will you received with any other will you know about.
• If you are unsure whether a will was registered, remember that after the will-maker's death anyone who provides the required documents and payment can apply for a search for a wills notice.
• Write down your questions about the executor, the assets and the timeline.
• Speak with a lawyer before the 21 days run out if you have concerns or think you may have a claim.

Frequently asked questions