A first meeting is more useful with the paperwork in hand, because much of an estate turns on documents. Bring whatever you have found so far:
- the original signed will and any codicils, left exactly as you found them, or a note of where they are kept
- the death certificate or the funeral home’s proof of death
- recent statements for bank and investment accounts, and any RRSP, RRIF, TFSA or life insurance papers that name a beneficiary
- the property tax notice or title details for any real estate
- the tenancy agreement or strata documents, if the person lived in a rented or strata apartment
- letters already received from banks, a landlord, a strata manager or relatives
An incomplete folder is fine. At that meeting we can work out together what is still missing and where it is likely to turn up.
Probate through the New Westminster registry
Everything to do with probate, administration and estate claims goes to the Supreme Court of British Columbia: the estates statute (the Wills, Estates and Succession Act, or WESA) says “‘court’ means the Supreme Court”. The Provincial Court on the same Carnarvon Street site plays no part.
The nearest Supreme Court registries to the city are New Westminster, Port Coquitlam and Vancouver. Of every registry in the court’s published directory, just two show a separate probate number: Vancouver, and New Westminster at 604-660-8522. The choice of registry is still open. The provincial government’s estates page says “You can apply for a grant of probate or grant of administration in any B.C. Supreme Court registry”, so a New Westminster estate is not tied to the local counter. For an executor living or working in the city, it is the nearest; confirm the registry before the notices go out, because the Form P1 notice names it.
Groundwork. Two things happen before the court sees anything. First, the executor gets a wills notice search done by Vital Statistics; two copies of the resulting certificate go into the application, and the search fee is $20. There is no Service BC office in New Westminster, and the Burnaby one does not process wills notices or searches, so ordering online or by mail is the practical route. Second, the executor delivers the Form P1 notice of proposed application to the beneficiaries and the others Rule 25-2 lists, and then at least 21 days must pass.
The filing. The package contains the Form P2 submission, the applicant’s affidavit, and a sworn statement of what the deceased owned and owed. Before swearing that statement, the applicant must “make a diligent search and inquiry to find the property and liabilities of the deceased person” (WESA section 122). With a paper will signed in front of witnesses, Rule 25-3 calls for “the originally signed version of the will” plus two copies. A copy is accepted only where the original does not exist or cannot be obtained, which is why the signed original should stay in one safe, known place until it reaches the registry.
Fees. The Probate Fee Act charges nothing on an estate valued at $25,000 or below. Past that point the charge is $6 per $1,000, or part of $1,000, on the slice from $25,000 to $50,000, and $14 per $1,000, or part, on everything over $50,000. Only property that goes to the executor is valued, so a condo or account that a survivor takes as joint tenant usually sits outside the calculation.
Waiting period. Section 155 says the executor “must not distribute the estate of the deceased person within the 210 days following the date of the issue of a representation grant except by order of the court.” Under a will, distribution inside that window is also allowed with the consent of every interested beneficiary and every person entitled to bring a wills variation claim.
Veronica Manski leads our probate and estate administration practice. An intestate estate, or one whose named executor declines to act, needs a grant of administration rather than probate. On timing and cost, see how long probate takes in BC, the probate fee calculation and our probate checklist.
When the home was rented or a strata unit
In the 2021 census, 16,360 of New Westminster’s 36,095 households rented their home (about 45 per cent) and 16,735 lived in a condominium (about 46 per cent). The census does not count estates, but with housing like that, a landlord or a strata corporation can easily be part of an estate here, and both raise questions the probate forms do not answer.
A rented apartment. The Residential Tenancy Act defines “tenant” to include “the estate of a deceased tenant”. Death does not end the tenancy by itself, and rent keeps coming due while the unit is emptied. A month-to-month tenancy is ended by notice to the landlord that takes effect no sooner than one month after the landlord receives it, on the last day before rent is payable. A fixed-term lease cannot be cut short that way before its stated end date, so the executor may have to reach an agreement with the landlord. Keep a copy of each notice and a record of each payment out of estate funds.
A strata lot. If the deceased alone owned the condo, it vests in the executor, who holds it in trust for whoever inherits it (WESA section 162). After the executor is registered on title, the Strata Property Act counts them as the owner, in a representative capacity, so strata fees, bylaws and any special levy are the executor’s to handle until the unit is sold or transferred. Joint tenancy changes that: the co-owner who survives takes the unit directly.
If the will is disputed
Wills variation. Section 60 allows a spouse or child to ask for a different division where, in the court’s opinion, the will fails to “make adequate provision for the proper maintenance and support” of them. For WESA purposes a spouse includes someone who lived with the will-maker in a marriage-like relationship for two years or more, provided the relationship still existed immediately before the death (section 2); separation can end spousal status. Section 61 is strict on timing: the action has to be commenced “within 180 days from the date the representation grant is issued in British Columbia”, with the executor served within the 30 days that follow unless the court extends that time. Minor children, or a spouse or child who is mentally incapable, also mean the Public Guardian and Trustee has to be served. More on this in our pieces on the wills variation limitation period, the disinherited spouse and the disinherited child.
Validity. The main grounds are lack of capacity, defective signing and undue influence. Section 52 shifts the burden: where the challenger shows that another person held a position in which “the potential for dependence or domination of the will-maker was present”, it falls to the side upholding the will to show no undue influence was exercised. Section 58 can help the other side: if a document represents the deceased’s testamentary intentions, the court may order it fully effective even though it misses the formal requirements. See undue influence and lack of capacity and validity of a will or trust.
The executor. Under section 158, a person who has an interest in the estate may ask the court to remove the executor, or to “pass over” someone with a prior right to the grant. Our articles on contesting an executor and on executors who stop communicating with beneficiaries describe situations that can lead to that application.
New Westminster’s registry lists its own chambers and scheduling lines. Wills variation is not the only claim with a deadline; others run on their own clocks, which depend on the claim and its facts, summarised in our guide to how long you have to contest a will in BC. Candace Cho, KC leads our estate litigation lawyers, who represent beneficiaries, spouses and children left out of a will, and executors whose will is under challenge.
Making or updating your own will
Under WESA section 37, a will must be written, signed at its end by the will-maker in front of at least two witnesses who are present at the same time, and then signed by those witnesses in the will-maker’s presence. A will can sit alongside an enduring power of attorney covering finances and a representation agreement covering health care. If capacity is lost with neither in place, relatives may need a court order for committeeship to act.
Once you have signed, a $17 wills notice filed with Vital Statistics records where your original is stored, and it is what your executor’s search will turn up. Burnaby’s Service BC counter does not accept wills notices, so from New Westminster the simple options are online or by mail. Sandy Minh Abley, a Certified Financial Planner who joined the BC bar in 2005, leads our estate planning work.
Lawyers who handle estates matters
Candace Cho, KC and Judith A. Janzen are the lead lawyers who joined forces in 2012 to form the firm. Our estates practice is led by:
Our estate litigation team also includes Jackson Todd, Valerie LeBlanc, Katya Richardson, Kevin Campbell, Louisa Ledesma, TJ Garcha, Jesse Patrao and Julia Pinnock. Everyone is on our team page.
Questions and answers
My mother lived in New Westminster. Does her probate application have to be filed here?
Not necessarily. Provincial guidance is that any Supreme Court registry in the province can take it. New Westminster is close and has a probate line, but the applicant chooses, the chosen registry is written into the Form P1 notice, and it is worth confirming with that registry before filing.
My father rented his apartment. Did the lease end when he died?
Not automatically. His estate stands in his place as tenant, so rent keeps accruing until the tenancy is ended by notice or agreement with the landlord. Ask us early, before a second month’s rent falls due.
Do I need to come to the office?
No. Phone and video meetings can be arranged; ask when you book. Coming in helps when there is an original will to look at, a stack of statements to go through, or several family members who want to meet together.
Is there a charge for the first meeting?
For estate litigation, such as a will challenge, a wills variation claim or a dispute with an executor, the first 30 minutes are free, at the office, by phone or by video. For probate or a new will, ask about the fee for the first meeting when you book. Phone (604) 900-2538 or reach us online.
