Notice of Dispute Against Probate in British Columbia Explained

If you think a probate application should not go ahead, you may have heard of a caveat. British Columbia uses a different tool, called a notice of dispute, and it works as a pause button on the grant.

This article explains who can file one, what it does, and how it ends. It is general information, and deadlines and strategy are worth confirming with a lawyer.

This article covers the law of British Columbia.

What a notice of dispute is

Under Supreme Court Civil Rules Rule 25-10(1), a person who is or must be given notice under Rule 25-2(2), or who claims an interest under a prior or subsequent will, may file a notice of dispute. It must be filed before the earlier of the issue of an authorization or of the estate grant (or resealing).

The notice must be in Form P29 and must give an address for service. A person must not file more than one notice of dispute for any one estate.

In plain words, a notice of dispute is a formal document that tells the court registry you have an interest in the estate and do not want a grant issued yet. While it is in effect, the registrar must not issue an estate grant or authorization for that estate. What it means for the underlying questions about the estate depends on the facts, so it is worth confirming with a lawyer.

The related forms are Form P29 (notice of dispute), P30 (withdrawal of notice of dispute), P31 (order for removal of notice of dispute), P32 (citation), P33 (answer to citation) and P1 (notice of proposed application in relation to estate).

Who gets notice of a probate application

Before applying for a grant, the applicant must deliver a notice of proposed application in Form P1 to the persons listed in Rule 25-2(2), including each beneficiary under the will and those who would be intestate successors. The application cannot be made until at least 21 days after the notice is delivered.

That 21-day gap is often your window to decide whether to file. If you receive a Form P1, note the date you received it.

If you are not sure whether you are someone who must be given notice, or whether you claim an interest under another will, a lawyer can confirm that for your situation.

What it triggers

While a notice of dispute is in effect, the registrar must not issue an estate grant or authorization, or reseal a foreign grant, for that estate. This is how a notice of dispute pauses probate.

If the executor wants to get past it, one route is to have the will proved in solemn form, which means the court pronounces for the force and validity of the will after a trial or hearing. A will proved in solemn form ends any notice of dispute about it.

A notice of dispute is not a permanent block. It ends in the situations described below, so it is best thought of as a way to hold the grant while the issues are dealt with. Whether filing makes sense depends on your facts, so it is worth confirming with a lawyer.

How it ends, is renewed or is removed

If a renewal application is made after the notice has lapsed, the disputant must show good reasons it could not be brought earlier, substantial prejudice to the disputant, and no substantial prejudice to other interested persons.

Any person interested in the estate may apply, on notice to the disputant, for an order removing a notice of dispute. The court may order removal (Form P31) if the filing is not in the best interests of the estate.

Related tools and practical steps

If the named executor is not moving, a person interested in the estate may personally serve a citation (Form P32) requiring the executor to apply for probate. A cited person must respond within 14 days after service and may be deemed to have renounced executorship. The response is Form P33.

• Search Court Services Online under probate and caveat/dispute cases using all or part of the deceased's last name, to see whether a file or dispute exists.
• Confirm whether you are someone who is entitled to notice or claims an interest under another will.
• File Form P29 with an address for service before any grant is issued.
• Diarize the one-year expiry and any renewal.
• Remember that filing without good reason can expose you to a removal application, and improper steps can lead to a costs order.

Costs generally go to the successful party unless the court orders otherwise. A lawyer can explain how that may affect a dispute over your estate's facts.

Frequently asked questions