The courthouse on Mary Hill Road
Two courts share the building at 2620 Mary Hill Road (Unit A): the Provincial Court and the Supreme Court of British Columbia. For estate purposes, only the second one counts. The Wills, Estates and Succession Act (WESA) defines “court” as the Supreme Court, so grants of probate and administration, wills variation claims and applications to remove an executor are all Supreme Court business. The Provincial Court registry in the same building cannot deal with them.
Until June 2025 the Supreme Court side of the building offered only limited filing to support hearings held there. On June 9, 2025 a full Supreme Court registry opened, and the Attorney General announced it as giving Tri-Cities residents in-person filing for Supreme Court civil and family matters that had previously meant a trip to New Westminster or another regional courthouse.
None of this requires a Port Coquitlam estate to use the Port Coquitlam counter. Provincial guidance is that applicants may choose any Supreme Court registry in BC for a grant of probate or administration, and court documents can also go in electronically through Court Services Online. Two practical points follow:
- Probate submissions. The Supreme Court’s registry directory gives Port Coquitlam a main line (604-927-2100) and a scheduling line, but no probate line. New Westminster, 651 Carnarvon Street, does list one (604-660-8522). If you plan to hand in a probate application at the Port Coquitlam counter, call the registry first and confirm how it processes estate grants.
- Choosing the registry. The notice you send to beneficiaries before applying names the registry you will file in. Settle that before the notices go out, rather than after.
When an estate dispute goes to court
Two limits apply. The Court’s announcement excluded civil jury trials until courtroom renovations are finished, and it said a regular chambers day would be set later. Some estate applications are heard in chambers rather than at trial; a petition to remove an executor is one example. So where a particular hearing will be held is a question to settle with your lawyer when the case is filed.
Administering an estate
The steps under Part 25 of the Supreme Court Civil Rules run in this order:
- Wills notice search. Every probate application carries a Vital Statistics certificate confirming whether the deceased (or someone for them) registered a wills notice. The search is requested by mail or at a Service BC counter (the Vancouver, Burnaby and Surrey offices do not offer it), with a copy of the death certificate. It costs $20. Results mailed from Victoria take up to 20 business days to print, so order it early; courier delivery costs $33 more and prints the next business day.
- Notice to the family. A notice of proposed application in Form P1 goes to any other executors, the beneficiaries, the people who would inherit on an intestacy and, in some cases (for example where a beneficiary is a minor), the Public Guardian and Trustee.
- The 21-day wait. The application cannot be made until at least 21 days after the notice is delivered.
- The application itself, with an affidavit of assets and liabilities. WESA section 122 requires a diligent search and inquiry for the deceased’s property and debts first.
- The probate fee. Estates of $25,000 or under pay none. The Probate Fee Act then charges $6 per $1,000 (or part) on the slice from $25,000 to $50,000 and $14 per $1,000 (or part) on everything above $50,000, so an estate valued at $500,000 pays $6,450. Only property passing to the personal representative is counted: a home held in joint tenancy goes to the surviving owner and stays out of the calculation.
Once the grant issues, the executor or administrator holds the deceased’s land as trustee for the people entitled to it, and must not distribute the estate within 210 days of the grant except by court order. If the deceased left a will, the personal representative can also distribute earlier with the consent of all beneficiaries who have an interest plus all potential wills variation claimants. On an intestacy, the consent needed is that of the intestate successors who take a share. Distributing early without that protection can leave the personal representative exposed if a claim arrives later.
Veronica Manski leads our probate and estate administration group. We prepare and file grants of probate and administration, answer requisitions from the registry and advise on accounting to beneficiaries. For a sense of the timeline, read how long probate takes in BC; for costs, see lawyer fees for probate and how probate fees are calculated. Where the deceased left no will, priority to act is set out in our guide to administering an estate when someone dies without a will.
Contesting a will, or defending against a claim
Timing decides a lot in estate litigation, and some steps have to be taken before the grant issues.
Stopping a grant
A person entitled to the Form P1 notice, or someone claiming under an earlier or later will, can file a notice of dispute in Form P29 to oppose the grant. It has to be filed before the grant issues, a person may file only one for any estate, and while it is in effect the registrar cannot issue a grant. It lapses after one year unless the court renews it, and the court can remove it if it is not in the best interests of the estate.
Wills variation
Section 60 of WESA lets the court rewrite a will that, in its opinion, fails to provide adequately for the proper maintenance and support of the will-maker’s spouse or children, by ordering what it considers “adequate, just and equitable in the circumstances.” Married spouses qualify, and so do partners who had lived in a marriage-like relationship for at least two years, provided they were still spouses immediately before the death (WESA section 2). Separation can end that status. The clock in section 61 is strict. A claimant has 180 days from the issue of the BC grant to start the action, then a further 30 days to serve the executor, which the court can extend. How judges weigh these cases is covered on our pages for a spouse left out of a will and a child left out of a will, and our article on the wills variation limitation period covers the deadline in more detail.
Validity
The main grounds are that the will-maker lacked capacity, that the will was not signed and witnessed as WESA requires, or that someone pressured the will-maker into it. On pressure, section 52 shifts the load. If the challenger proves the other person held a position in which the will-maker could have been dependent on or dominated by them, the side upholding the will must then prove no undue influence was exercised. Section 58 cuts the other way: the court may order a non-compliant document fully effective as the will where it represents the testamentary intentions of the deceased, even though the signing rules were not met. See our pages on undue influence and lack of capacity, validity of a will or trust and contesting a gift.
The executor
Under WESA section 158, anyone with an interest in the estate can apply to remove a personal representative, or to pass over someone who would otherwise be entitled to act. Our article on removing an executor looks at how the court approaches it, including where there are co-executors.
Our estate litigation practice is led by Candace Cho, KC. Clients include beneficiaries, spouses and children who were left out, and executors whose will is under attack. For an overview of the process, read how to contest a will in BC and who can contest a will. Deadlines for claims other than wills variation depend on the claim and its facts, so get advice before the grant is issued if you can.
Planning for incapacity, and for your own estate
Your will completes the plan. After signing, a $17 wills notice tells Vital Statistics where the original is stored; the agency never holds the will or learns its contents. The notice can be filed online or by mail, or in person at a Service BC office other than Vancouver, Burnaby or Surrey; there is no Service BC office in Port Coquitlam, and the closest listed office that offers the service is in Maple Ridge. How you hold your home matters too: the difference between joint tenancy and tenancy in common decides whether it passes outside the will.
Our estate planning work is led by Sandy Minh Abley, a lawyer since 2005 who is also a Certified Financial Planner.
Our estate lawyers
Candace Cho, KC and Judith A. Janzen, the firm’s two lead lawyers, have practised together since they joined forces in 2012. On an estate file you are likely to deal with one or more of these lawyers:
- Candace Cho, KC, a principal of the firm, who leads estate litigation
- Veronica Manski, associate counsel, who leads probate and estate administration
- Sandy Minh Abley, for wills, trusts and incapacity planning
- Estate litigation: Jackson Todd, Valerie LeBlanc, Katya Richardson, Kevin Campbell, Louisa Ledesma, TJ Garcha, Jesse Patrao and Julia Pinnock
Everyone else is on our team page.
Common questions
Can probate for a Port Coquitlam estate be filed at the Port Coquitlam courthouse?
Provincial guidance allows filing at any Supreme Court registry, and Port Coquitlam has run a full one since June 2025. Its directory entry has no probate line, so call 604-927-2100 before relying on the counter there. Filing electronically, or at New Westminster, are the alternatives.
Does the Provincial Court in the same building deal with estates?
No. Grants and WESA claims are heard only in the Supreme Court.
Can a contested estate be tried in Port Coquitlam?
It can be, if the notice of civil claim names Port Coquitlam as the place of trial; civil trials are scheduled there, though the court can change the place of trial. Jury trials and some chambers applications were excluded or still to be arranged when the registry opened, so confirm the venue with your lawyer.
Is there a charge for the first meeting?
On a contested estate (a will challenge, a wills variation claim, a dispute with an executor) the first 30 minutes are free, by phone, by video or in person. If the matter is probate or will planning, check the consultation terms at booking. Call (604) 900-2538 or book online.
