- After a death, anyone who provides the required documents and payment can apply to the Vital Statistics Agency for a search for a wills notice.
- The result shows only when a registered will was signed, where it was kept and when the notice was received; it does not show what the will says.
- A search is one step in finding a will, so keep looking in other places too.
When someone dies, one of the first questions is whether they left a will and where it is. If you cannot find one among their papers, you may wonder whether anything was registered anywhere.
British Columbia has a wills registry run through the Vital Statistics Agency. This article explains how a search works, who can ask for one, what to send, and what the result can and cannot tell you.
This article covers the law of British Columbia.
What a wills search is
A will-maker can file a wills notice with Vital Statistics. A wills search asks whether a notice was filed for a particular person. It is a way to find out that a will may exist and where it was kept at one point.
Vital Statistics does not keep a copy of the will or any record of what it says. Think of the search as a pointer, not a delivery of the document.
Who can request a search
Once the will-maker has died, anyone who provides the required documents and payment can apply to the Vital Statistics Agency for a search for a wills notice. You do not need to be a named beneficiary or executor.
The rule is different while the will-maker is still alive. Then only the will-maker or a lawyer can request the search.
The law also lets a lawyer or notary search to find out whether a wills notice has been filed. Other applicants must provide a death certificate or a signed statement proving the death, and the registrar general must not release information about notices except as the law allows.
How to apply, what to send and what it costs
You apply using the Application for Search of Wills Notice (VSA 532). You can send it by mail to the Vital Statistics Agency in Victoria, or take it in person to a Service BC counter, although not the counters in Vancouver, Burnaby or Surrey. You must include a photocopy of the death certificate.
The listed fee is $20 for the search, plus $5 for each additional name the will-maker may have used. Courier delivery of the result costs an extra $33. Fees and counter locations can change, so check the current Government of BC wills registry page before you send anything.
- The completed Application for Search of Wills Notice (VSA 532)
- A photocopy of the death certificate
- Payment, including $5 for each other name the person may have used
- Your choice of delivery, remembering courier costs extra
If the person was known by other names, such as a maiden name, a former name or a different spelling, list them. That is what the additional-name fee is for.
What the result tells you, and what it does not
| The result shows | The result does not show |
|---|---|
| The date the registered will was signed | What the will says |
| Where the will was kept at that time | A copy of the will |
| The date Vital Statistics received the wills notice | Whether a later will was made, which depends on the facts |
Because the result reflects where the will was kept at the time of filing, it may point to a lawyer's office, a bank or a home. The will may have moved since, so follow up carefully. A search also covers only wills for which a notice was filed, so an empty result does not prove that no will exists.
What to do next
If the search points to a location, contact whoever holds the will and explain that the person has died. If you are named as executor, a lawyer can explain the next steps in getting authority to act.
If nothing turns up, keep looking. Someone applying for an estate grant must search the deceased's electronic devices and any third-party electronic repositories the person used for a will. Before a probate application is filed, notice must go to each beneficiary under the will, and it must be delivered with a copy of the will. That is the main way a beneficiary receives a copy.
- Gather the death certificate and a list of names the person used
- Send the VSA 532 with payment, or take it to a Service BC counter
- Search papers, safes, devices and online accounts for a will
- Ask the person's lawyer, notary or bank whether they hold one
- Speak with a lawyer if there are competing documents or disagreement
Frequently asked questions
Can I request a wills search if I am not named in the will?
After the will-maker has died, anyone who provides the required documents and payment can apply for a search for a wills notice. You send a photocopy of the death certificate with the application.
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 the date the wills notice was received. Vital Statistics does not keep a copy of the will or a record of what it says.
Can I search for a wills notice while the person is still alive?
Not as a family member. If the will-maker is alive, only the will-maker or a lawyer can request a search for a wills notice.
How will I see the will if there is a probate application?
Notice of the proposed application must go to each beneficiary under the will and be delivered with a copy of the will. The application cannot be filed until at least 21 days after the notice is delivered.
Sources
- 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
- Wills, Estates and Succession Act, SBC 2009, c. 13 (BC Laws) — 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
A single will with us is from $894.88, tax included. Third-party fees are extra.