- A wills notice search must be submitted with every probate or administration application, even if you believe you hold the original last will.
- The filing package requires two copies of a wills notice search certificate from Vital Statistics.
- If the search and your own inquiries turn up no will, or no executor who can act, a grant of administration may be needed instead of probate.
When someone dies, one of the first questions is whether they left a will and where it is. In British Columbia, part of the answer can come from a search through Vital Statistics for a wills notice.
This article explains what the search is for, when it is required, and what to do with the result. For the current request process and any fee, check the instructions from Vital Statistics, because those details can change.
This article covers the law of British Columbia.
What the wills notice search is
A wills notice search is done through Vital Statistics, and the filing package for an estate grant must include two copies of the wills notice search certificate from Vital Statistics. The result comes back as a certificate.
A search result is not the same as a will, and it does not prove that a will is valid. Probate is the court process that checks that a will is real, was made without fraud or undue influence, and is the last will the person made. The certificate is one piece of information the court receives along with the rest of the application.
When you need one
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. That includes applications where there is no will at all.
The filing package asks for two copies of a wills notice search certificate from Vital Statistics. It sits alongside the other required documents, including a submission for estate grant in Form P2, the applicant's affidavit, Form P9 affidavits of delivery and an affidavit of assets and liabilities.
You may not need an application at all. No BC statute lists which estates must be probated, and a grant is needed in practice when an organization holding the deceased's assets asks for one.
What to do with the result
What happens next depends on what you find. The table below sets out the common situations.
| Situation | What generally follows |
|---|---|
| A will is found and names an executor who can act | The executor applies for a grant of probate, with the original will filed for a physical will made with witnesses present |
| No will is found | A person applies for a grant of administration |
| A will exists but the named executors cannot or will not act | A person applies for a grant of administration, with the will annexed |
If no will is found and a grant of administration is needed, WESA s. 130 sets out the order of who applies. First comes the spouse or the spouse's nominee, then a child with the consent of a majority of the children, and so on, ending with any other person the court considers appropriate. WESA counts as spouses people who were married or who lived together in a marriage-like relationship for at least 2 years.
If the original signed will is unavailable, a physical copy or PDF copy may be filed instead. A lawyer can help you decide how to approach that.
If you are a relative rather than the executor
A wills notice search certificate from Vital Statistics is one of the documents filed with an application for an estate grant, and two copies of it must be included. If you are not the one applying, you can still ask the person who is applying whether a search has been done and what it showed.
- Beneficiaries and certain others must get a Form P1 notice first
- A person interested in the estate can serve a citation in Form P32
- A person claiming under another will can file a Form P29 dispute
Where there is a will, the beneficiaries and certain persons who would inherit on intestacy are among those who must receive a Notice of Proposed Application in Relation to Estate in Form P1 before the application is made. If the named executor is not acting, a person interested in the estate can personally serve a citation in Form P32 requiring the executor to apply for probate, and the cited person must respond within 14 days after being served. A person entitled to notice, or a person claiming under an earlier or later will, can oppose a grant by filing a notice of dispute in Form P29.
What to do next
- Check the current Vital Statistics instructions for requesting a wills notice search, including any fee and the documents they ask for.
- Ask for enough certificates for your application, since two copies are required in the filing package.
- Look through the deceased's papers, safe deposit box and home for an original will, and ask lawyers or other advisers they used whether they hold one.
- Keep the certificate with your other estate documents.
- Speak with a lawyer if the search shows more than one will or the results do not match what you expected.
Frequently asked questions
Is a wills notice search required if I already have the original will?
Yes. 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. It is a required part of the filing.
How many copies of the certificate do I need?
The filing package requires two copies of a wills notice search certificate from Vital Statistics. Check the current Vital Statistics instructions to see how to request them.
What if the search finds no will?
If there is no will, a person applies for a grant of administration instead of a grant of probate. WESA sets an order of priority for who applies, starting with the spouse or the spouse's nominee.
Does a registered will mean probate is guaranteed to be granted?
No. The court's role in probate is to check that the will is real, was made without fraud or undue influence, and is the last will the person made. A person entitled to notice can also oppose the grant by filing a notice of dispute.
Sources
- Province of British Columbia – After a Death: Deal with wills and estates — www2.gov.bc.ca
- Supreme Court Civil Rules, Rule 25-2(1.1) — bclaws.gov.bc.ca
- Wills, Estates and Succession Act, s. 130 — 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
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