What the notice is
Before anyone can apply to the Supreme Court for a grant of probate or administration, the Supreme Court Civil Rules require them to deliver a notice in Form P1 to a defined list of people and then wait at least 21 days. If the application is for probate, a copy of the will goes with the notice. The notice names the registry where the application will be filed, which can be any Supreme Court registry in BC; the nearest to West Point Grey is the Vancouver registry at the Law Courts, 800 Smithe Street, but the executor can choose another.
The 21 days are not a deadline for you to do anything. They are the minimum time before the executor may file. After that the grant can issue without any further notice to you, so the period is your best window to read the will, ask questions and take advice.
Why you were sent it
The list of people who must receive notice depends on whether there is a will.
| Situation | Who must be given notice |
|---|
| There is a will | Any other executor or alternate executor with an equal or prior right to apply; every beneficiary named in the will; and everyone who would inherit if there were no will, for example the spouse and children |
| There is no will | Everyone who inherits on an intestacy, and creditors owed more than $10,000 |
| A recipient is under 19 | The child’s parents or the parent responsible for their finances, and the Public Guardian and Trustee (with a narrow exception where the will puts the child’s share in trust) |
| A recipient may lack mental capacity | Their committee, if one has been appointed, and the Public Guardian and Trustee |
| Someone has served a citation | That person |
The last part of the first row matters. A spouse or child who receives nothing under the will still gets notice, because the notice itself tells them they may have a claim. Being on the list does not mean you are a beneficiary.
What the notice tells you
The P1 form must set out the deceased’s name and last address, who is applying and where, and the grant being sought. It must also tell each recipient, in plain terms, that they have a right to oppose the grant, that they may or may not be entitled to make a claim against the estate under the Family Law Act or under the wills variation provisions of the Wills, Estates and Succession Act (WESA), that any such step must be taken within the time limits that apply, and that they may consult their own lawyer. It also states that, once a grant issues, the executor must account to the beneficiaries for how the estate was administered and distributed.
If the will was made electronically, you are entitled to see it in its original electronic form. You can ask for it by delivering a demand in Form P46, and the applicant must provide the will or access to it within 7 days.
When the notice is treated as delivered
The rules count the 21 days from delivery, and delivery is defined. A notice sent by ordinary mail is treated as delivered on the day it was mailed, even if it reaches an address overseas weeks later. Sending it by email or another electronic method counts only if the recipient acknowledges receipt in writing. If you receive a notice late, or by an unusual route, note the date it arrived and the date on the envelope, and get advice quickly.
Your options
| What you want | The step | Timing |
|---|
| To understand the estate | Ask the executor or their lawyer for information; read the will | Any time, best within the 21 days |
| To stop a grant while you raise a concern | File a notice of dispute in Form P29 with the registry, stating your grounds | Before the grant, or an authorization to obtain estate information, issues |
| To challenge the validity of the will | Court proceedings, for example on capacity, undue influence or formal defects | A notice of dispute can hold the grant meanwhile; take advice early |
| As a spouse or child, to say the will does not provide for you adequately | A wills variation claim under WESA | Start within 180 days after the grant issues |
| To make an executor who is doing nothing apply | A citation served on the executor | Executor must answer within 14 days |
Filing a notice of dispute pauses the estate rather than resolving anything. The registrar cannot issue a grant while one is in effect. You can file only one for a given estate. It stops having effect a year after filing, unless renewed by the court, and earlier if you withdraw it, the court orders it removed or the will is proved in solemn form. An executor faced with one can apply to court, so it should rest on grounds you are prepared to pursue.
Wills variation is a lawsuit of its own. Under section 60 of WESA, where a will fails to make adequate provision for the proper maintenance and support of the will-maker’s spouse or children, the court may order whatever provision it considers adequate, just and equitable out of the estate. The action has to be filed no later than 180 days from the date the BC grant issues, and the executor served within 30 days after that period ends, subject to a court extension of the service time. The Public Guardian and Trustee must also be served where there are minor children of the will-maker or where a spouse or child lacks mental capacity. Our pages on a disinherited child and a disinherited spouse, and the article on how long you have to contest a will, explain these claims. Questions about whether the will is valid at all are covered under validity of a will or trust.
Before you sign anything
A notice may be followed by requests: a consent so that the estate can be paid out before the 210 days end, a release when a beneficiary is paid, or a waiver of some right. None of these is required by the notice itself. Early distribution with consent is lawful only if every beneficiary and every person who could bring a wills variation claim agrees, so a spouse or child who signs is giving up the protection of that waiting period. A release asks you to confirm that you accept the executor’s accounts and will not pursue further claims. Read what you are being asked to sign, ask for the accounts if you have not seen them, and take advice if you think you may have a claim. Signing is a choice, not a formality.
If you live outside BC
You do not have to be in British Columbia to receive notice, oppose a grant or bring a claim, and the time limits are the same. Because a mailed notice counts as delivered on the day it is posted, a recipient abroad can lose part of the 21 days to the post. Give the executor an email address and acknowledge receipt in writing if you want electronic delivery to count. A lawyer here can file documents and appear for you without your travelling.
After the grant
Once the grant issues, two clocks start. The 180 days for a wills variation claim run from that date, and the executor generally may not distribute the estate within 210 days of it unless every beneficiary and every person who could claim variation consents, or the court orders otherwise. Beneficiaries with a pending variation claim can ask whether an interim distribution is possible; our article on interim distributions pending a wills variation claim looks at when courts allow one.
When the administration is complete, the executor should provide accounts showing what came in, what was paid out and how the remainder is being divided. If the accounts are not provided, or do not add up, a beneficiary can ask the court to order them. See what to do when an executor is not communicating with beneficiaries and the estate litigation page.
If you are the executor sending notice
Getting the list right protects the grant. Leaving out a person who should have received notice can delay the application or expose it to challenge later. Our probate and estate administration team prepares the P1 notices, the affidavits proving delivery and the grant application, and works out who must be told, including any minors and the Public Guardian and Trustee.
Who you will work with
Estate disputes, including notices of dispute and wills variation claims, are handled by the litigation practice of Candace Cho, KC, who joined forces with Judith A. Janzen in 2012. The litigation lawyers include Jesse Patrao, Louisa Ledesma, Kevin Campbell, Julia Pinnock, Valerie LeBlanc, TJ Garcha, Jackson Todd and Katya Richardson. Probate applications are prepared by Veronica Manski, and wills and powers of attorney by Sandy Minh Abley, who leads estate planning.
For a separation, see our West Point Grey family lawyers.
Common questions
The will leaves me nothing. Why did I receive a notice?
Because the rules require notice to the people who would inherit if there were no will, such as the spouse and children, even if the will gives them nothing. The notice is your signal to consider whether you have a claim.
Do I have to respond within 21 days?
No. The 21 days is the minimum wait before the executor can apply. But if you want to stop the grant from issuing while you raise a concern, you must file a notice of dispute before the grant issues.
I am the deceased’s son. What is my deadline to claim?
For wills variation, 180 days from the date the grant issues. Validity challenges follow different rules, so take advice as soon as you receive notice.
The executor has not applied for probate after a year. What can I do?
Someone interested in the estate can serve a citation requiring the executor to apply. The executor must answer within 14 days.
Does a first meeting cost anything?
Half an hour on a possible estate dispute costs nothing. For probate or planning work, we explain the fee for a first meeting when you phone (604) 900-2538.
