In the 2021 census, 661 of the 1,905 private dwellings in Sicamous, about a third, were not occupied by usual residents. That figure counts seasonal and recreational homes, but also vacant units and homes used only by temporary residents, so it is context rather than a count of cabins. It does mean that a Sicamous property can belong to someone whose home, will and executor are in another province.
When that owner dies, BC still controls the land here. A grant from another province does not, by itself, let the executor sell or transfer a property in Sicamous. What the executor needs depends on where the deceased lived and whether a grant has already been made there.
| Where the deceased lived | What is needed for the Sicamous property | Main source |
|---|
| British Columbia | An ordinary BC grant of probate or administration covering the whole estate | WESA Part 6; Rules 25-2, 25-3 |
| Another Canadian province or territory (or a jurisdiction prescribed by regulation), with a grant already made there | Resealing of that grant by the BC Supreme Court | WESA s.138(1); Rule 25-6 |
| Somewhere whose grant cannot be resealed in BC | An ancillary grant of probate or administration from the BC court | WESA s.138(4) |
| Anywhere, where the executor would rather not act personally in BC | A grant limited to the BC estate, made to a person the executor appoints by power of attorney | WESA s.139 |
How resealing works
The executor or administrator named in the outside grant first gives notice of the proposed application in Form P1, as for any BC grant (Rule 25-2). The application then goes to a BC Supreme Court registry with a submission for resealing (Form P21), a copy of the foreign grant certified by the court that issued it, the will if it is not attached to that grant, and affidavits including one listing the BC assets and liabilities (Rule 25-6). If the outside grant is one of administration and security is required under section 128, the court sets the amount. An unopposed application that follows the rules can be resealed by the registrar (section 138(3.1)). Once resealed, the grant has the same effect in BC as one the court issued itself.
What an executor from outside BC should gather
- a court-certified copy of the grant from the home province, and of the will if it is not attached;
- the property’s legal description and title search, and the latest BC assessment notice;
- details of any mortgage, line of credit or unpaid property taxes on the Sicamous property;
- a list of any other assets physically in BC, such as a vehicle, boat or contents;
- names and addresses of everyone who must receive the P1 notice.
With those in hand, the BC application can be prepared without the executor travelling. Until the grant is resealed, or a BC grant is issued, the Land Title Office will not register a transfer or sale of the property by the executor, so a buyer’s timeline should allow for the application.
The probate fee
BC’s probate fee is charged on a resealing just as on a grant. What it is charged on differs. For someone who was ordinarily resident in BC, the value includes their real and tangible property in BC and their intangible property, such as bank accounts and investments, wherever it is. For someone who lived elsewhere, only real and tangible personal property situated in BC counts (Probate Fee Act, s.1). The fee is nil on the first $25,000, $6 per $1,000 or part from $25,000 to $50,000, and $14 per $1,000 or part above $50,000 (s.2).
For a property worth $600,000 owned by someone who lived in another province, that comes to $150 plus $7,700, or $7,850, before any filing fees. Value is gross value: a mortgage on the property does not reduce it.
A will made in another province
A will that was valid where it was made is generally valid in BC as to its formalities. Section 80 of WESA accepts a will made in accordance with the law of the place where it was made, the will-maker’s domicile or ordinary residence, a country of citizenship, or the place where the property was, among other connections. That answers whether the will was properly signed, not what it means or whether it can be challenged.
When the deceased lived in Sicamous
For a Sicamous resident, the BC process applies from the start. The executor orders a wills notice search, which every BC application must include; there is no Service BC office in Sicamous, but the search can be made by mail or at the Salmon Arm office on 16 Street NE, about 30 km away by road. The P1 notice goes to the beneficiaries and others entitled, and after 21 days the application can be filed.
There is no courthouse in Sicamous either. The nearest Supreme Court registry is in the Salmon Arm Law Courts at 550 2nd Avenue NE, about 30 km by road, but the Province confirms that an application may be made at any BC Supreme Court registry. After the grant, the estate cannot ordinarily be distributed for 210 days (WESA s.155), and a spouse or child who says the will made inadequate provision has 180 days from the grant to start a wills variation claim (s.61).
If the Sicamous resident also owned property in another province, the executor may need a grant or a resealing there as well. That is governed by the other province’s law, and a lawyer there should be consulted.
Our probate and estate administration lawyers, led by Veronica Manski, prepare BC grants and resealings; see our page on grants of probate and administration and the probate checklist.
When the estate is disputed
A dispute about BC property goes to the BC Supreme Court whether the deceased lived here or not. The grounds are the same as for any estate:
Whether a BC wills variation claim reaches property here when the deceased lived in another province is a question for advice on the facts. Our estate litigation practice is led by Candace Cho, KC.
Planning for a property in Sicamous
If you own a home or cabin here and live elsewhere, your estate plan should cover it. Your executor will need a BC grant or a resealing to deal with it, so it is worth asking whether your will works well in both places and whether the executor you have chosen can manage a BC application. If you live in Sicamous, a BC will and an enduring power of attorney and representation agreement are the starting points; a $17 wills notice filed with Vital Statistics tells your executor where the original is. Sandy Minh Abley heads our estate planning group and prepares wills, trusts and incapacity documents.
Sicamous estate questions
My mother lived in Alberta and had a cabin in Sicamous. Is her Alberta grant enough?
Not on its own. The Alberta grant can be resealed by the BC Supreme Court, after notice, and the BC probate fee is then paid on the BC property.
Does the probate fee apply to her Alberta bank accounts?
No. For someone who was not ordinarily resident in BC, the fee is based only on real and tangible property situated in BC.
Do I have to come to BC to deal with the property?
Not necessarily. Applications are made on paper, and section 139 of WESA allows a grant limited to the BC estate to be made to a person you appoint by power of attorney.
Is the first meeting free?
For estate litigation matters, the first 30 minutes are free. Probate, resealing and planning work is quoted when you call.
