Disagreements over an estate in BC are decided by the Supreme Court, because that is what “court” means in WESA, BC’s Wills, Estates and Succession Act. For Vernon, that court sits in the Vernon Law Courts at 3001 27 Street, which the Province’s courthouse directory (updated October 1, 2026) lists as housing both the Provincial Court and the Supreme Court. Only the Supreme Court side hears estate cases.
A contested estate does not have to be fought in Vernon, but it can be. A lawsuit over a will begins with a notice of civil claim, which must propose where the trial will take place (Supreme Court Civil Rule 3-1); the trial is held there unless the court orders otherwise (Rule 12-1). When the people who can speak to the will-maker’s health and wishes, such as a family doctor, care home staff or neighbours, live in the North Okanagan, proposing Vernon can make it easier for them to give evidence. Vernon shares a Supreme Court scheduling number with Kelowna and Penticton in the court’s June 2026 registry directory, so ask early how trial and chambers dates are being booked for Vernon.
The dates that decide an estate dispute
The key deadlines in an estate dispute are counted from the date the grant of probate or administration issues. Knowing where you are on this line tells you which options are still open.
| When | What happens | Source |
|---|
| Before the grant | Anyone who must receive the P1 notice, or who claims under another will, may file Form P29 (a notice of dispute); it blocks the grant for up to a year unless renewed | Supreme Court Civil Rule 25-10 |
| Grant issues | The clock for a wills variation claim starts | WESA s.61 |
| Within 180 days of the grant | A wills variation action must be started | WESA s.61(1)(a) |
| Within 30 days after that | Service on the executor (the court can allow more time); also on the Public Guardian and Trustee where the will-maker left minor children or a mentally incapable spouse or child | WESA s.61(1)(b), (c) |
| 210 days after the grant | The earliest the estate can ordinarily be distributed without a court order or the required consents | WESA s.155 |
Claims that do not depend on WESA, such as some claims over gifts or property, have their own limitation periods depending on the claim and its facts. If you are unsure which applies, get advice before the grant issues.
What a claim can be about
The will left someone out
Under WESA section 60, a spouse or child of the will-maker who was not adequately provided for, judged by their proper maintenance and support, can ask the court to vary the will. If the claim succeeds, the judge orders the provision that is “adequate, just and equitable in the circumstances.” A common-law partner counts as a spouse after two years together in a marriage-like relationship, as long as the relationship was still going at the date of death. We act both for people seeking variation and for executors and beneficiaries defending the will; see our pages on a disinherited child and a disinherited spouse.
The will itself is doubtful
A will can fail because the will-maker lacked testamentary capacity, because it was not signed and witnessed as WESA requires, or because it was made under undue influence. Undue influence has a special rule in section 52: once a challenger proves that someone stood in a position where the will-maker could have depended on, or been dominated by, them, the burden moves to the person upholding the gift to prove the position was not used to influence the will. On the other hand, section 58 lets the court give effect to a document that represents the deceased’s intentions, even if the formalities were not met. Our pages on will disputes and undue influence and lack of capacity go further.
Trouble with the executor
An executor who will not account, delays without reason or favours one beneficiary can be brought to court. A person interested in the estate may apply under Supreme Court Civil Rule 25-13 for the executor’s accounts to be passed, and under WESA section 158 to have the executor removed or passed over. Our page on challenging an executor explains when the court has stepped in.
Gifts and contributions before death
Some disputes turn on what happened while the will-maker was alive: a transfer of property shortly before death, or a relative’s years of unpaid work. These can raise claims about contesting a gift or unjust enrichment, each depending closely on its evidence.
If you are the executor and a claim arrives
Being named in a lawsuit does not mean you did anything wrong. A wills variation claim is brought against the estate, and the executor is served because the executor holds it. Three practical points:
- Do not distribute the parts of the estate that the claim could affect until the claim is resolved or the court allows it. The 210-day rule in WESA section 155 is a minimum, not a safe harbour once a claim is filed.
- Keep complete records of what you have collected, paid and sold. You may be asked to account.
- The estate’s interests and your own may not be the same, especially if you are also a beneficiary. Get your own advice early.
Candace Cho, KC heads our estate litigation practice. For the beneficiary’s side of a stalled administration, read when an executor stops communicating.
Before you speak to a lawyer about a dispute
A first conversation is more useful if you can put your hands on a few things:
- Every version of the will you know about, including earlier wills and codicils
- The grant, if one has issued, or the P1 notice if you received one, with its date
- Letters or emails about the estate from the executor or other family members
- Anything that shows the will-maker’s health or circumstances when the will was signed, such as care home records or a list of their doctors
- Records of money or property that changed hands in the last years of life
Bring what you have; we can tell you what else matters for your claim.
Probate in Vernon, step by step
Not every estate is contested, and an executor’s early work is the same either way.
- Order the wills search. Every probate submission needs a Vital Statistics certificate showing whether a wills notice was filed. The Vernon Service BC office on 30 Street is one of the counters that accept the search (the exceptions are Vancouver, Burnaby and Surrey); it can also be done by mail. It costs $20, and results print within 20 business days before mailing.
- Choose the registry. Any Supreme Court registry in the province can receive the application. The Vernon registry on 27 Street lists no separate probate line in the June 2026 directory, so phone the main line before attending in person.
- Deliver the notices. Form P1 goes to beneficiaries, intestate heirs and, in some cases, the Public Guardian and Trustee, and names the registry. Wait 21 days.
- Make the inventory and pay the fee. Section 122 of WESA obliges you to look properly for everything the deceased owned and owed. The Probate Fee Act fee is nil to $25,000; then $6 for every $1,000 or part up to $50,000; then $14 for every $1,000 or part beyond.
- Hold for 210 days after the grant before distributing, unless the court orders otherwise or the required consents are given.
Our probate and estate administration lawyers, under Veronica Manski, prepare grants of probate and administration. Our probate checklist lists what to gather.
Planning that prevents disputes
A clear will, signed properly and kept where the executor can find it, narrows the room for the claims above. Registering a wills notice with Vital Statistics costs $17 and tells your executor where to find the original; Vernon’s Service BC office accepts them, or file online or by mail. For incapacity, an enduring power of attorney deals with finances and a representation agreement with health and personal care. If neither exists when capacity is lost, the family may face a committeeship application in the Supreme Court, or involvement by the Public Guardian and Trustee from its Kelowna office. Our estate planning work is led by Sandy Minh Abley, who prepares wills, powers of attorney and representation agreements.
Questions about Vernon estates
Can a will dispute be tried in Vernon?
Yes, if the notice of civil claim proposes Vernon as the place of trial; the court can change the place. Chambers applications and hearing dates are arranged through the registry.
I was left out of my parent’s will. How long do I have?
A wills variation claim must be started within 180 days after the grant issues in BC. If no grant has issued yet, a notice of dispute may also be available. Do not wait for the grant to get advice.
The executor has not told us anything for a year. What can we do?
Ask in writing for an accounting. If that does not work, a beneficiary can apply to the Supreme Court for the accounts to be passed, or for the executor’s removal in a serious case.
Can I see the will before probate?
If you are entitled to the P1 notice, it must come with a copy of the will (Supreme Court Civil Rule 25-2). If you think you should have received notice and did not, get advice before the grant issues.
Is the consultation free?
On an estate litigation matter, yes: a free 30-minute consultation. Probate and planning enquiries should ask about terms at booking.
