Probate a Will

In British Columbia, a grant of probate allows you demonstrate that the Supreme Court of British Columbia has approved the validity of the will. It provides the executor with the legal power to distribute the assets. Banks will want proof that the executor has authority to deal with the assets which had previously belonged to the deceased.

Main steps:

1. If the estate’s total value is less than $25,000, then you may not need to obtain any probate grant from the court.

2. Certain assets do not need to pass through probate. Generally, real estate held in joint tenancy is not required to pass through the probate process. Jointly held bank accounts are usually not required to pass through either. In most circumstances, probate is not required for bank accounts which have designated beneficiaries registered directly with a financial institution. Finally, the Business Corporations Act allows certain types of second wills to be drafted which can allow private company shares to pass without requiring any grant of probate.

3. All of the beneficiaries must be given 21 days written notice of an intention to apply for a grant of probate. In addition, you must determine who would have inherited if there had been no will. Then, those people must also be given the same written notification.

4. You will usually need to submit the original will to the court with the application for a grant of probate. The court may have discretion to accept a photocopy of a will in certain circumstances. The court will require sworn affidavit which includes a list of assets and secured debts. This must include the values of each asset calculated as of the date of death. The court uses this in order to calculate the amount of probate fees owing to the Minister of Finance.

5. Your lawyer will be able to draft the notice of proposed application, the submission for estate grant, the applicant’s affidavit, the affidavit of delivery, and the affidavit of assets and liabilities once information is obtained.

-Stewart Elworthy
Cell Phone: 604 353-5132