- The applicant must give notice of a proposed probate application, with a copy of the will, before applying.
- The probate application cannot be filed until at least 21 days after the notice is delivered.
- Which step suits you depends on what you disagree with, so confirm the formal process with a lawyer promptly.
A notice about a probate application can arrive as a shock, especially if you question the will, the executor, or how the estate is being handled. The first step is to understand what the notice is and what time you have.
This article explains how the notice works in British Columbia and the options people commonly consider when they disagree. The formal steps for opposing a grant have their own forms and rules, so a lawyer should confirm the current process for your case.
This article covers the law of British Columbia.
What the notice of proposed application is
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. This is done on Form P1, and it must be delivered with a copy of the will the application relates to.
The notice must go to each beneficiary under the will, as well as to living executors and alternate executors.
Your waiting period
The applicant cannot file the probate application until at least 21 days after delivering the notice. That gap is your chance to read the will, get advice and decide what to do.
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.
Common reasons people disagree, and routes available
| Concern | Possible route |
|---|---|
| The will does not adequately provide for a spouse or child | A wills variation claim, started within 180 days from the date the grant is issued in BC |
| The person named as executor should not serve | An application to remove or pass over a personal representative |
| You want to see how the estate was handled | An accounting, which the notice must tell you about |
| The estate is stalled or the executor will not act | Court application to remove, or to pass accounts |
An application to remove, substitute or pass over a personal representative must be served on each personal representative, and personally served on them for these orders. If a representative is removed, the court must appoint a substitute who consents to act, unless the estate is fully administered or a new appointment is unnecessary.
Accounting and information rights
The notice must 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. Any person interested in an estate may apply to the BC Supreme Court to have the accounts passed.
A beneficiary who applies must file an affidavit explaining why an accounting is required. If every other interested person consents, passing of accounts may proceed under Rule 8-3.
What to do next
- Note the date you received the notice and count the 21 days.
- Read the copy of the will carefully.
- Write down exactly what you disagree with and why.
- Collect documents that support your position.
- See a wills and estates lawyer quickly to confirm the correct form and process, as court procedures can change.
Frequently asked questions
Does receiving the notice mean probate has been granted?
No. It means the applicant intends to apply. The application cannot be filed until at least 21 days after the notice is delivered.
Who receives the notice?
Each beneficiary under the will, along with living executors and alternate executors, must receive it. It must be delivered with a copy of the will.
Can I ask the court to remove an executor?
Any person with an interest in an estate may apply to the court to remove or pass over a personal representative. The court may do so on listed grounds, such as being unable, unresponsive or unwilling to act to the extent it hampers administration.
Is a lawyer needed to oppose an application?
The formal steps and forms are technical and time matters. A lawyer can confirm the correct process for your situation.
Sources
- Wills, Estates and Succession Act, SBC 2009, c. 13 (BC Laws) — bclaws.gov.bc.ca
- Supreme Court Civil Rules, B.C. Reg. 168/2009, Part 25 (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.
This is a wills & estates question
A single will with us is from $894.88, tax included. Third-party fees are extra.