If you are named in a will in Canada, you are typically notified by the executor instead of through a formal ‘reading’ of the will, which is not legally required. In British Columbia, executors must provide written notice to all beneficiaries named in a will and to anyone entitled to inherit under intestacy laws once probate begins. If you haven’t received notice, it is important to contact the executor and consider consulting an estate lawyer to ensure your inheritance rights are protected.
At Onyx Law Group, we regularly assist executors, beneficiaries, and potential heirs with the often-complex estate administration and probate process. Our experienced estates and trusts legal professionals are here to provide you with reliable guidance, ensuring that you understand your rights and what to expect. We’re devoted to providing straightforward, sympathetic, and competent assistance customized to your specific needs. Contact us today to gain the clarity and confidence you require to protect your interests.
This blog explains how beneficiaries are notified, who is entitled to notice, and key details of wills and the BC probate process.
Do You Automatically Receive a Copy if You Are Named in a Will?
Being named in a will does not automatically imply that you receive a copy. In Canada, there is no legal requirement for an executor to send a copy to beneficiaries before probate. Your right to a copy depends on the stage of the estate process and whether you are entitled to inherit under the will or intestacy laws.
Executors often provide copies to named beneficiaries as a matter of practice, but it is not guaranteed. Lawyers handling the estate may also distribute copies to ensure transparency. Being named in a will simply means the person is recognized; it does not create an automatic entitlement to the document itself. According to our associate counsel, Jackson Todd,
“In British Columbia, beneficiaries are often surprised to learn that notification happens through a formal legal process, not a ceremonial reading of the will.”
In British Columbia, executors must notify all beneficiaries and any persons entitled under intestacy once probate begins. While many executors voluntarily share copies, you may need to request one formally. Consulting an estate lawyer can help you secure a copy and protect your rights if you have not received notice.
Role of the Executor in Distributing Copies of a Will
The executor is responsible for managing the estate and ensuring the wishes in the will are carried out. This includes notifying beneficiaries and distributing copies of the will when appropriate. While executors often share copies to keep beneficiaries informed, they control access until probate is granted.
Executors can decide who receives a copy and when, but they must act fairly and follow legal requirements. Disputes can arise if beneficiaries feel they are being withheld from important information. In such cases, consulting an estate lawyer can help clarify rights and resolve conflicts.
Executor’s Legal Obligations
Under British Columbia law, an executor must act in the best interests of the estate and its beneficiaries. They are legally required to locate assets, pay debts, and notify all beneficiaries and anyone entitled under intestacy laws. Executors must also apply for probate and manage the estate transparently, keeping accurate records of all actions.
What Are the Discretion and Limitations of an Executor?
Executors have discretion in sharing copies of a will before probate, but they cannot act arbitrarily. They must provide notice to all beneficiaries and anyone entitled under BC intestacy laws once probate begins. Copies can be withheld temporarily for legal or practical reasons, but fairness and transparency are required to avoid disputes.
How to Resolve Disputes With Executors?
If an executor refuses to share a copy of the will, beneficiaries can first request it in writing. If the executor still withholds it, seeking legal advice or applying to the court for an order to access the document is the appropriate step. Mediation or legal action can then help resolve disputes and protect your inheritance rights.
How to Request a Copy of a Will if You Are Named in It
If you are named in a will, the first step to take is to contact the executor directly. Make a clear written request for a copy of the will. Keep a record of all communications in case you need proof later.
Access to the full will often depend on probate. In British Columbia, once probate is filed, the executor must notify beneficiaries and those entitled under intestacy laws. After this, it becomes easier to obtain an official copy.
If the executor refuses to provide a copy, one may seek legal advice from an estate lawyer. You may also apply to the court to compel access. Following provincial rules ensures your request is valid and protects your rights as a beneficiary.
Requesting During Probate
Once probate begins, beneficiaries have clearer rights to information. Executors must notify named beneficiaries and those entitled under the law. At this stage, requesting a copy of the will is usually straightforward. The will also becomes a public document as part of the probate record, making access easier.
Requesting Before Probate
Before probate, access to the will is more limited. Executors may share a copy voluntarily, but they are not required to do so. Requests should be made politely and in writing. Executors must still act fairly and avoid withholding information without reason.
Legal Steps if Denied Access
We always remind our clients, “even a short consultation with an estate lawyer can prevent months of uncertainty and protect a beneficiary’s rights. If access is denied, you can request the will formally through a lawyer. Courts can order an executor to disclose the will if you have a legal interest. Mediation or legal action may be necessary in ongoing disputes. ”
Common Reasons You Might Not Receive a Copy of a Will
There are several reasons you might not automatically receive a copy of a will. Executors sometimes withhold copies due to privacy concerns, ongoing disputes, or legal challenges. Executors may limit access in cases of disinheritance, will variations, or allegations of undue influence until they resolve the matter. Below is a comparison table on who has the right to access a copy of a will.
| Person Type | Automatic Access? | How to Obtain Copy | Notes |
|---|---|---|---|
| Executor | Yes | Already in possession of the will | Responsible for managing the estate and probate |
| Named Beneficiary | No | Request from executor or after probate is filed | Typically receives a copy once probate begins |
| Other Family Members | No | Through court registry after probate | No automatic right unless entitled under law |
| Third Parties | No | Only through court access after probate | Must show legal interest or authorization |
What Makes a Will Valid in British Columbia?
In British Columbia, a last will and testament is a legal document that outlines an individual’s wishes regarding the distribution of their assets and the management of their estate after death. As governed by the Wills, Estates, and Succession Act (“WESA”), a will must meet specific formal requirements to be considered valid, including:
- The will-maker must be at least 16 years old and of sound mind.
- The will must be signed by the will-maker in the presence of two witnesses, who must be over the age of 19, and who must also sign the document.
- A BC will can be in physical or electronic form, with provisions for video witnessing as of December 1, 2021.
The primary purpose of a will is to ensure that the deceased’s wishes are honored regarding asset distribution, appointment of executors, and guardianship for minor children. If a person dies without a valid will, their estate must be divided according to a fixed formula set out in WESA (see here for more on BC’s intestacy laws). The intestate distribution may not reflect their personal wishes or the needs of their loved ones.
Probate Process in BC
Probate is a process that proves a will is valid and gives the executor authority to administer an estate’s assets. When a person dies, leaving a will, the named executor applies to the probate court to verify the will’s validity and get authorization to act on behalf of the estate. The British Columbia Supreme Court receives the probate application and then issues an “estate grant,” which allows the executor(s) to proceed with the estate administration process.
How to Confirm You’re a Beneficiary in BC
To find out if you are a beneficiary, start by asking the executor or the deceased’s family. Once the executor applies for probate, which is the legal process that validates the will, you can access the will through the court registry in the area where the deceased lived, such as the Supreme Court probate registry in British Columbia.
Executors aren’t legally required to show or provide a copy of the will until probate is granted. Most named beneficiaries receive a copy once the will is validated, but not all wills go through probate. Whether probate is needed depends on the estate’s value, assets, and ownership structure, which can leave beneficiaries uncertain.
If you believe you are a beneficiary but have not received any contact, you can verify the start of probate and take action to safeguard your rights. Consulting an experienced estate lawyer can help you understand your options, navigate the process, and ensure your interests are safeguarded.
How Must Formal Notice Be Delivered in BC Probate Cases?
In British Columbia, executors are legally required to notify all beneficiaries named in a will, as well as certain other individuals, before applying for probate. This formal notice informs them of the executor’s intention to apply and includes key details about the will and the probate process. Notice is usually delivered by mail or personal service and must follow BC Supreme Court rules.
Executors can also deliver notice by hand, fax, or email if the recipient confirms receipt in writing. Along with the notice, the executor provides a copy of the will and Form P1 (Notice of Proposed Application in Relation to the Estate). This ensures all interested parties are fully informed of the upcoming probate application.
After delivering notice, the executor must prepare an Affidavit of Delivery (Form P9) confirming that all required parties received the documents. The estate grant cannot be submitted until at least 21 days have passed. This waiting period gives beneficiaries and other interested parties a reasonable time to respond before probate proceeds.
Who Is Entitled to Notice of a Proposed Probate Application?
BC law requires the executor to give notice to certain people before applying to the probate court for an estate grant, including:
- All estate beneficiaries named in the will
- The will-maker’s spouse and children, as these are the people who are entitled to challenge the fairness of the will under section 60 (see here for more on contesting a will in BC), and
- Every person who would be entitled to a share in the estate if the deceased had died without a will, pursuant to the list set out in WESA.
If any person entitled to notice is a minor or a mentally incapable adult, notice must be delivered to the parent, guardian, committee, and/or the Public Guardian and Trustee, depending on the circumstances and the nature of the inheritance left to that individual.
Do You Need a Lawyer After Being Notified You are Named in a Will?
Being named in a will can bring relief or uncertainty. You are not legally required to hire a lawyer, but legal guidance can be helpful. This is especially true if the estate is complex or the process feels unclear.
A lawyer can explain your rights and ensure the executor is acting properly. Legal help is strongly recommended if there are delays, disputes, unclear terms, or concerns about fraud or undue influence. Even in simple cases, a brief consultation can provide clarity, protect your interests, and give you peace of mind.
Executor’s Legal Obligations to Locate Beneficiaries
The law states that an executor has a legal duty to make reasonable efforts to identify, locate, and notify the people entitled to notice by law. If the executor makes reasonable efforts to do so, he or she is protected from liability for any loss that occurs if a beneficiary is not actually notified (WESA, s. 121).
“Reasonable efforts” may require locating and notifying a possible spouse or children of the deceased or distant relatives. The executor can speak to the beneficiary’s family members, check their last known address, and contact the beneficiary’s last known employer. The executor can also hire a tracing company to perform a “trace” to attempt to locate the beneficiary.
Should none of those efforts be successful, the executor can apply to the British Columbia Supreme Court for an order dispensing with the notice requirement or allowing them to notify the missing beneficiary differently (e.g., by advertising in the newspaper).
What Happens if a Beneficiary Can’t Be Found?
If a beneficiary is still missing when it comes time for the executor to distribute the estate, the executor must take steps before being discharged from their duties. The executor can apply under the Trustee Act for an order that the missing beneficiary’s share be paid into court (for example, the share of the estate left for a residuary beneficiary). The court will hold the money for a set period of time.
If the deceased person made a specific gift of property to a specific beneficiary who can’t be located, WESA section 147 applies. It requires the executor to wait at least 12 months from the date of the estate grant from the probate court. Suppose after that 12-month period, the executor is still unable to locate the beneficiary. In that case, the executor can sell the property, deduct any costs related to its storage, transportation, and sale, and hold the net proceeds in trust.
What Happens If an Executor Delays or Refuses to Apply for Probate in British Columbia?
If the executor is not communicating and you want to know whether probate has applied for, you can search public court records in British Columbia. The procedure is done through Court Services Online by selecting a civil search and entering the deceased’s name. A small fee may apply to view filed probate documents.
If the executor has not applied for probate, they can still take limited preliminary steps. Acting as an executor is voluntary, and they may decline if unwilling or unable. Without probate, they can secure assets and notify beneficiaries but cannot transfer property or access most accounts. If an executor remains inactive, beneficiaries may ask the court to remove or appoint someone else. Legal advice is strongly recommended in these situations.
What Can You Do if You Haven’t Received Notice?
There are steps you can take to request a copy of the will. Generally speaking, your best option is to ask the executor directly. The executor doesn’t have to give you a copy to confirm whether you are named; they can simply say yes or no. If you are named, the executor may choose to show only the parts relevant to you.
If informal requests fail, put your request in writing. Be firm but polite, and allow a reasonable period for the executor to respond. Remember, you’re asking them for a favour.
If the executor still refuses, we recommend utilizing legal options to compel access. One option is to apply to the court for a subpoena requiring the executor to deliver the will to a registry.
Seeking legal advice from an estate attorney can help you understand your rights and determine the most appropriate steps. Depending on the circumstances, your least expensive option may be to wait until the probate process begins.
How Notification Works for Trusts vs. Wills in BC
Notification works differently for trusts and wills in British Columbia. Wills are private documents, and the will-maker does not have to show them to anyone before death. Executors usually do not provide copies until probate begins, at which point the will becomes part of the public record and the executor can start administering estate assets, including bank accounts and other property held with financial institutions.
Trusts are typically more private and avoid probate. They are often used to protect secrecy and speed up the distribution process. Beneficiaries are usually notified as soon as the trust is activated, either during the trust-maker’s lifetime or after death.
Whether it’s a will or a trust, understanding your rights and the notification process is important. Trustees and executors have legal duties to inform beneficiaries properly and manage estate assets responsibly. Consulting an estate lawyer can ensure your interests are protected and give you clarity throughout the process.
Need Help Receiving Your Inheritance from a BC Will?
Death of a loved one is never easy. On top of that, the estate administration process can be slow and stressful for beneficiaries. There are often concerns about the transparency of the process, privacy concerns, and apprehension about potential disputes arising from the notification process, such as challenges to the will or disagreements among beneficiaries.
Our team of estate planning lawyers and estate litigators can help you navigate the process and get the inheritance you’re expecting. Contact us today for practical advice and effective solutions.
FAQs on Inheritance Rights and Probate Issues
If you find yourself named in a will, you may wonder about the timing and method of notification. Below, we will answer common questions about what to expect, your rights, and the timeline for notification if you’re a beneficiary or otherwise mentioned in a will.
Can I Get a Copy of a Will if I Am Not Named in It?
In most cases, you can get a copy of a will once it has been filed with the probate court, even if you are not named in it. Before probate, access is usually limited to the executor and beneficiaries, unless a court orders otherwise.
What Happens if the Executor Refuses to Share a Will?
If an executor refuses to share a will after probate has begun, they may be violating their legal duties and can be compelled by the court to provide it. You can file a formal request or petition with the probate court to obtain a copy and address the executor’s noncompliance.
How Long After Death Can I Request a Copy of the Will?
You can request a copy of a will at any time after it has been filed for probate, which usually happens within weeks or months after death. There is no strict deadline to request it, as probate records remain accessible through the court.
Can a Will Be Changed After the Person Dies?
No, a will generally cannot be changed after a person dies, because it reflects their final legal intentions. But if there are valid concerns like fraud, undue influence, or lack of capacity, the will can be contested.
What Is the Probate Process in British Columbia?
In British Columbia, the probate process is the court procedure used to confirm a will’s validity and give the executor legal authority to manage and distribute the estate. It typically involves filing documents with the Supreme Court of BC, paying probate fees, settling debts and taxes, and then distributing assets to beneficiaries.
If You Are Named in a Will, How Are You Notified?
If you are named in a will, the executor or personal representative is typically responsible for notifying you. This notification often comes through a formal letter or official court filing.
Disclaimer: The information provided on this blog is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws and regulations vary by jurisdiction and may change over time, so you should consult a qualified estates and trust attorney for advice regarding your specific situation. Past examples, case studies, or hypothetical scenarios are illustrative only and do not guarantee similar results.