- Once the will-maker has died, anyone who provides the required documents and payment can apply for a search for a wills notice.
- The result shows only limited details and does not include a copy of the will or what it says.
- A search tells you where to look next; it does not hand you the will itself.
When someone dies and nobody can find a will, it is easy to feel stuck. Before assuming there is none, it helps to check whether the person registered a wills notice with the Vital Statistics Agency.
This article explains what that search is, who can ask for it, how to apply and what to expect back. The fees and counter locations come from a government page and may change, so confirm them before you apply.
This article covers the law of British Columbia.
What a will search is
A will search checks whether a wills notice was filed with Vital Statistics for the person who died. A wills notice is a short record that a will exists, not the will itself.
The result shows only the date the registered will was signed, where the will was kept at that time, and the date Vital Statistics received the wills notice. Vital Statistics does not keep a copy of the will or any record of what it says.
Who can request one
Once the will-maker has died, anyone who provides the required documents and payment can apply to the Vital Statistics Agency for a search. Other applicants must provide a death certificate or a signed statement proving the death. A lawyer or notary may also search to find out whether a wills notice has been filed.
If the will-maker is still alive, the rule is different: only the will-maker or a lawyer can request a search. The registrar general must not release information about notices except as the Wills, Estates and Succession Act allows.
How to apply and what it costs
You complete the Application for Search of Wills Notice (VSA 532). You can file it by mail to the Vital Statistics Agency in Victoria, or in person at a Service BC counter, though not the counters in Vancouver, Burnaby or Surrey. Include a photocopy of the death certificate.
| Item | Cost |
|---|---|
| One search | $20 |
| Each additional name the will-maker may have used | $5 |
| Courier delivery | $33 extra |
If the person used other names, such as a maiden name or a different spelling, listing them can be worthwhile because of the per-name charge in the table. Check the current fees and counter list before you go.
What a result tells you and what comes next
A result that shows a wills notice tells you a will was registered and gives clues about where it was kept. It will not tell you who gets what. You would then need to contact whoever held the will, such as a lawyer or notary, to find the original.
A result that shows nothing does not prove there is no will, because a registered notice is only one place a will may be recorded. The person may also have kept a will at home, in a safety deposit box, or on a device.
A wills notice search is not the only search that matters. When someone applies for an estate grant, they must also search the deceased's electronic devices and any third-party electronic repositories the deceased used for a will.
Once a will is found and someone plans to apply 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. That notice goes to each beneficiary under the will, as well as to living executors and alternate executors. Beneficiaries generally receive a copy of the will with the notice of proposed application. The applicant cannot file the probate application until at least 21 days after delivering that notice. If the will is an electronic will, a person who receives notice may demand the original using Form P46, and the applicant must provide it within 7 days of receiving the demand.
What to do next
- Order a certified death certificate and keep a photocopy to send with your application.
- List every name the person may have used.
- Check the current fees, forms and counter locations before applying.
- Look through papers, safety deposit boxes and devices, and ask the family lawyer or notary if there was one.
- If a will is not found, or family members disagree, speak with a lawyer about the next step.
What happens after a will is located depends on the facts, including who is named as executor and whether a court application is needed, so it is worth confirming your next steps with a lawyer.
Frequently asked questions
Can anyone request a will search after a death?
Once the will-maker has died, anyone who provides the required documents and payment can apply to the Vital Statistics Agency. A death certificate or a signed statement proving the death is required of applicants other than a lawyer or notary.
Will the search give me a copy of the will?
No. The result shows only the date the registered will was signed, where it was kept at that time, and when the wills notice was received. Vital Statistics does not keep a copy or any record of what it says.
How much does a will search cost?
A search costs $20, plus $5 for each additional name the will-maker may have used, and courier delivery costs an extra $33. Fees can change, so check before you apply.
Can I search for the will of someone who is still alive?
Not generally. If the will-maker is still alive, only the will-maker or a lawyer can request a search.
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
- Government of BC – Wills registry — www2.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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