- No single timeline fits every case, but the early deadlines are fixed by statute, including 180 days from the grant to start a claim.
- The executor must be served no later than 30 days after the 180-day period expires, unless the court extends the time, and if the will-maker has minor children or a spouse or child who is mentally incapable, the Public Guardian and Trustee must also be served or the claim will not be heard.
- What happens after filing depends on the evidence, the other parties and whether the case settles.
If you are thinking about a wills variation claim, one of your first questions is likely how long it will take. The honest answer is that it varies with the size of the estate, the number of people involved and how much is disputed.
This article walks through the stages in order. It sets out the deadlines that are fixed by law and points out what tends to add time, without promising a particular length.
This article covers the law of British Columbia.
Why there is no standard timeline
Some claims settle early and others go to a hearing. The statute fixes the start of the process, but the later stages depend on the parties, the evidence and the court's schedule. A lawyer who knows your facts can give a realistic estimate.
The stages in order
| Stage | What happens |
|---|---|
| Grant issued | The grant of probate or administration starts the clock. |
| Hold on distribution | The personal representative must not distribute within 210 days after the grant unless the court orders otherwise or the required people consent. |
| Start the claim | The proceeding must be started within 180 days from the date the grant is issued. |
| Serve the executor | Service is due no later than 30 days after the 180-day period expires, unless the court extends it. |
| Protect land | A certificate of pending litigation may be registered within 10 days after the pleading is issued. |
| Evidence and resolution | The court may accept the evidence it considers proper about the will-maker's reasons. The case may settle or be decided by the court. |
The mediation and trial stages vary from case to case, and their timing is not fixed by the statute.
What can add time
- Service on the Public Guardian and Trustee is required where the will-maker has minor children or a spouse or child is mentally incapable.
- A claim about a Nisg̱a'a citizen or treaty first nation member must be served on the Nisg̱a'a Lisims Government or the treaty first nation.
- The court weighs statements of the will-maker's reasons against all the circumstances.
- The court may refuse relief where a person's character or conduct disentitles them.
- Challenges to the will's validity, such as capacity, formalities or undue influence, raise separate questions.
- A notice of dispute filed before the grant issues prevents the registrar from issuing a grant while it is in effect.
A notice of dispute stops being in effect one year after it was filed, at the end of any renewal period, on withdrawal, when the will is proved in solemn form, or if the court orders it removed.
How a case ends
If the court varies the will, it may order a lump sum, periodic payments, a transfer of property or a trust. It may also suspend administration of the estate or exempt part of the estate from the order. Costs of a proceeding must be awarded to the successful party unless the court orders otherwise.
What to do next
- Find out the date the grant was issued and calendar the 180-day and 30-day deadlines.
- Check whether any minor or mentally incapable family member means the Public Guardian and Trustee must be served.
- Search Court Services Online by the deceased's last name to see whether a probate file or dispute exists.
- Ask a lawyer for an estimate of timing based on your estate.
Frequently asked questions
When does the clock start?
The 180-day period runs from the date the grant of probate or administration is issued in British Columbia. The executor must be served no later than 30 days after that period expires, unless the court extends the time for service.
Can the estate be distributed while I wait?
A personal representative must not distribute within 210 days after the grant unless the court orders otherwise. Distribution can happen sooner if all beneficiaries and all people who may bring a claim consent.
Does a notice of dispute speed things up?
No. While it is in effect, the registrar must not issue a grant. It lasts until one of the events listed in the rules, such as one year passing, withdrawal or removal by court order.
Will the case definitely go to trial?
Not necessarily. Many disputes are resolved by agreement, though that depends on the people involved and the facts. A lawyer can advise on the likely path.
Sources
- Wills, Estates and Succession Act, s 61(1)(a) (BC Laws) — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Rule 25-10(8) (BC Laws) — bclaws.gov.bc.ca
- CSO Help – Search by Deceased Name, Government of BC — justice.gov.bc.ca
- Supreme Court Civil Rules, Rule 14-1 (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
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