- Before applying for an estate grant in BC, you must deliver a Notice of Proposed Application in Form P1.
- You cannot apply until at least 21 days after the notice and materials are delivered.
- Anyone entitled to notice can oppose the grant by filing a notice of dispute in Form P29.
The first formal step in a British Columbia probate application is not filing at the court. It is telling the right people that you plan to apply.
This article explains who must get the notice, how delivery works, the waiting period, and what recipients can do. Your situation may add special cases, so confirm the details with a lawyer if the family is large or divided.
This article covers the law of British Columbia.
What the notice is
Before applying for an estate grant, the applicant must deliver a Notice of Proposed Application in Relation to Estate in Form P1. The notice must name the registry of the court where the submission for estate grant will be filed. Applications go to the Supreme Court of British Columbia, and you can apply at any registry.
Probate is a court-supervised process that checks that a will is real, was made without fraud or undue influence, and is the last will the person made. The court document that certifies this is called a grant of probate. If there is no will, if the will names no executor, or if the named executors cannot or will not act, a person applies for a grant of administration instead. You do not need a lawyer to apply for a grant of probate or administration in BC.
Who must receive it
Where there is a will, the notice goes to named executors and alternate executors who are alive and have a prior or equal right to apply, the beneficiaries, certain persons who would inherit on intestacy, and the Attorney General if the government is entitled to the estate under the Escheat Act.
Where there is no will, it goes to the intestate successors, or the Attorney General if there are none, and to creditors whose claim exceeds $10 000.
| Situation | Extra notice |
|---|---|
| Deceased was a Nisga'a citizen | Nisga'a Lisims government |
| Deceased was a treaty first nation member | That treaty first nation |
| A minor is entitled to notice | Parents the minor lives with, or the responsible parent or guardian, or the minor; always the Public Guardian and Trustee, with one exception |
| A mentally incompetent person is entitled | The committee if appointed, or the person; plus the Public Guardian and Trustee |
| A person entitled has died | Their personal representative |
The Public Guardian and Trustee does not need notice for a minor if the applicant is an executor, the minor is not the deceased's spouse or child, and the will creates a trust for the minor and appoints a trustee.
Delivery and the 21-day wait
A notice sent by mail is deemed delivered on the date it is mailed. A notice sent by email, fax or other electronic means is deemed delivered on the date it is transmitted, but it only counts if the recipient gives written acknowledgement of receipt.
The application cannot be made until at least 21 days after the notice and materials are delivered. On application, the court may vary who must receive notice, or dispense with delivery to anyone other than the Public Guardian and Trustee.
If you are applying for administration, the notice must tell recipients that they may apply for an order requiring you to provide security, unless you are the Public Guardian and Trustee.
If you are representing yourself, your address for service is an email address if available, plus an accessible address within 30 kilometres of the registry. If you have no such address, you need a postal address in British Columbia or a fax number.
What recipients can do
- A person entitled to notice, or someone claiming under an earlier or later will, can oppose the grant by filing a notice of dispute in Form P29.
- The court filing fee for a notice of dispute is $80.
- A notice of dispute generally stops being in effect one year after it is filed.
Receiving the notice does not by itself mean a fight. Many recipients simply read it and take no step.
A person interested in the estate can also push a named executor to act by personally serving a citation in Form P32. The cited person must respond within 14 days after being served.
What to do next
- List every person who may be entitled to notice, including alternates and those under special rules.
- Make a diligent search and inquiry to find the deceased's property and liabilities before you apply.
- Include your city and country of residence if you are an individual, and an address for service.
- Send the notice by a method that proves delivery, and keep written acknowledgements.
- Record the delivery dates so you can count the 21 days.
- Prepare the Form P9 affidavits of delivery for your filing package.
- Plan to submit a search for a wills notice with your application, even if you believe you hold the original last will.
Frequently asked questions
Can I email the notice?
Yes, but electronic delivery only counts as delivered if the recipient gives a written acknowledgement of receipt. Mail is deemed delivered on the date it is mailed.
What if I do not know where a beneficiary is?
The court may, on application, vary who must receive notice. Whether that fits your facts is worth discussing with a lawyer.
Do I need to live in BC to be the applicant?
The notice must state the city and country where an individual applicant ordinarily lives, and give an address for service. Whether a court would require security can vary, so ask a lawyer.
What happens after the 21 days?
You can file the application, which includes the Form P2 submission, an affidavit, the Form P9 affidavits of delivery, wills notice search certificates and an affidavit of assets and liabilities. The affidavit of assets and liabilities may be filed at the same time or later.
Sources
- Province of British Columbia – After a Death: Deal with wills and estates — www2.gov.bc.ca
- Supreme Court Civil Rules, B.C. Reg. 168/2009, Rule 25-2(3)(e) — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Appendix C, Schedule 1, item 12 — bclaws.gov.bc.ca
- Wills, Estates and Succession Act, s. 122 — bclaws.gov.bc.ca
- Supreme Court Civil Rules, Rule 4-1(1.1) — 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
Ask our Team for a quote. We reply by email.