What Is a Grant of Probate in British Columbia?

If you are named as an executor, you will hear the words grant of probate often. It is easy to assume it is just paperwork, but it is the document that many organizations look for before they deal with you.

This article explains what the grant is, what it proves, who relies on it and when a different kind of grant is used. It is general information only.

This article covers the law of British Columbia.

What the grant is

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 the grant of probate.

Under the Wills, Estates and Succession Act (WESA), s. 129, the court may grant probate or administration for general, special or limited purposes. It must have proof that the will is valid, or that the person died without one, and proof of the deceased's connection to BC, such as being ordinarily resident or domiciled in British Columbia at death.

What the grant gives you

A representation grant gives the personal representative exclusive authority to administer the estate under the grant's terms. A personal representative has the same authority over the estate that the deceased would have had if living, subject to any contrary intention in the will and to other enactments.

In plain terms, the grant is your proof that the court recognizes you as the person in charge. An organization holding the deceased's assets may ask to see it, although each organization has its own policy.

Who relies on it

No BC statute lists which estates must be probated. In practice, a grant is needed when an organization holding the deceased's assets asks for one. Agencies and financial institutions can require a will to be probated before they accept it and transfer assets to the executor, and each has its own policy. The LTSA lists a grant of probate among the accepted documents for a transmission of land held in joint tenancy.

WESA s. 137 protects third parties who rely on a grant. A person who pays or transfers estate property to the personal representative before having notice that the grant was revoked is protected from liability, even if the grant was defective. This is why institutions are comfortable dealing with a grant holder.

Whether a grant is needed for a particular estate depends on the assets involved and on each organization's policy, so it is worth confirming with a lawyer.

When it is a different kind of grant

There is a further exception for former spouses. If the will-maker and spouse stop being spouses after the will is made, a gift or appointment to that spouse, including as executor, is revoked, and a later reconciliation does not revive it. WESA counts people as spouses if they were married or lived together in a marriage-like relationship for at least 2 years.

What to do next

• Locate the original will and confirm your name appears as executor.
• Decide whether you are willing to act. A named executor may renounce, and an executor who renounces and has not intermeddled in the estate is not liable.
• Ask the institutions holding assets whether they require a grant.
• Remember that applications go to the Supreme Court of British Columbia and can be made at any registry.
• Consider legal advice if the estate is complex or someone may dispute the will.

You do not need a lawyer to apply for a grant of probate or administration in BC.

Before applying, the applicant must deliver a Notice of Proposed Application in Relation to Estate in Form P1. The application cannot be made until at least 21 days after the P1 notice and materials are delivered. A search for a wills notice must be submitted with every probate or administration application, even if you believe you hold the original last will.

The estates of people who died before March 31, 2014 still fall under the old laws and regulations. If that applies to you, or if anything about the estate is unclear, it is worth confirming the details with a lawyer.

Frequently asked questions