Who Must Get Notice of a Probate Application in BC? Form P1

If you are an executor, or you expect to apply to administer an estate, the first formal step in British Columbia is not filing at the court. It is telling the right people that you plan to apply. That notice gives them a chance to respond before a grant is issued.

This article explains who must get the notice, what it must contain, how delivery is treated, and what recipients can do in reply. Every estate is different, so a lawyer can confirm who should be on your list.

This article covers the law of British Columbia.

Step 1: the Form P1 notice

Before applying for an estate grant, the applicant must deliver a Notice of Proposed Application in Relation to Estate in Form P1. Applications for probate or administration go to the Supreme Court of British Columbia, and you can apply at any B.C. Supreme Court registry.

You do not need a lawyer to apply for a grant of probate or administration in BC. If the estate has complications, such as unclear beneficiaries or a possible dispute, advice can still help you get the notice list right.

Who must receive notice

Where there is a will, the P1 notice goes to the following people:

• named executors and alternate executors who are alive and have a prior or equal right to apply
• the beneficiaries
• certain persons who would inherit if there were no will
• the Attorney General, if the government is entitled to the estate under the Escheat Act

Where there is no will, notice goes to the intestate successors, or to the Attorney General if there are none, and to creditors whose claim exceeds $10 000.

If the deceased was a Nisga'a citizen, notice also goes to the Nisga'a Lisims government. If the deceased was a member of a treaty first nation, notice also goes to that treaty first nation.

Minors, mentally incompetent persons and the Public Guardian and Trustee

For a minor, the Public Guardian and Trustee does not need notice 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.

If a person entitled to notice has died, notice goes to their personal representative. On application, the court may vary who must receive notice, or dispense with delivery to anyone other than the Public Guardian and Trustee.

What the notice must contain and how it is delivered

• The registry of the court where the submission for estate grant will be filed.
• For an individual applicant, the city and country where the applicant ordinarily lives.
• An address for service that complies with Rule 4-1(1).
• In an administration application, a statement that recipients may apply for an order requiring the intended applicant to provide security, unless the applicant is the Public Guardian and Trustee.

If you are an executor living outside BC, the notice must give your city and country and an address for service. A self-represented party needs an email address if available, plus an accessible address within 30 kilometres of the registry, and an accessible address must be a location in British Columbia. If you have no such address, you need a postal address in British Columbia or a fax number.

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 only counts as delivered if the recipient gives a written acknowledgement of receipt.

The 21-day wait and how recipients can respond

The application cannot be made until at least 21 days after the P1 notice and materials are delivered. When you file, you include Form P9 affidavits of delivery of the notice, along with the other documents Rule 25-3(2) requires.

A person entitled to notice, or a person claiming under an earlier or later will, can oppose the grant by filing a notice of dispute in Form P29. The court filing fee is $80. A notice of dispute generally stops being in effect one year after it is filed.

Estates of people who died before March 31, 2014 still fall under the old laws and regulations, because BC wills and estates law changed on that date. The rules above may not apply to those estates.

What to do next

• Confirm whether there is a will and whether an executor can act.
• List every person and body entitled to notice, including any minor, incapable person or First Nation.
• Check the date of death, since deaths before March 31, 2014 follow the old rules.
• Choose the registry and prepare an address for service.
• Deliver the notice in a way you can prove, and keep written acknowledgements for electronic delivery.
• Wait at least 21 days before filing.
• Speak to a lawyer if you think the court should vary or dispense with notice.

Frequently asked questions