Probate & Estates guides
Legal guides from Equity Law Group on Probate & Estates in British Columbia. For help with your own matter, see our Probate & Estates service or contact us.
Can a Surviving Spouse Stay in the Family Home When There's No Will?
October 19, 2026
When a spouse dies without a will in BC, the survivor does not automatically keep the house, but WESA gives them a right to acquire the spousal home and, in some cases, to ask the court to let them stay. Here is how it works and the deadline to watch.
BC Probate Forms Explained: P1, P2, P3, P9, P10 and More
October 19, 2026
A plain-language guide to the probate forms BC executors use most: the P1 notice, the P2 submission, the P3 and P4 affidavits, the P9 affidavit of delivery and the P10 list of assets, and when each one is needed.
Accessing a Deceased Person's Bank Account in BC
October 15, 2026
After a death in BC, the bank will usually restrict a sole-name account until the right person shows authority. Here is what banks typically ask for, when they insist on probate, how joint accounts and funeral costs are handled, and where families get caught.
Who Gets to See a Will in BC, and How to Find Out If You're a Beneficiary
October 15, 2026
In BC there is no general right to read someone's will while they are alive, and limited rights before probate. Learn who receives a copy with the probate notice, how to search for a will, and how to see a will once it is on the court file.
Can't Find the Original Will? What Happens in BC
October 15, 2026
If the signed original of a BC will cannot be found, the estate does not simply proceed on a photocopy. Learn where to search, why courts may presume the will was revoked, and what evidence is needed to probate a copy.
CRA Clearance Certificates: Why Executors Wait Before Final Distribution
October 14, 2026
An executor who pays out an estate before the CRA confirms the taxes are settled can end up paying those taxes personally. Here is what a clearance certificate is, when to apply with Form TX19, how long it can take, and how holdbacks work.
Transferring an Estate House to a Beneficiary Instead of Selling
October 14, 2026
When a beneficiary wants to keep a parent's home, the executor can transfer it to them instead of selling. Here is how the transfer works through the Land Title Office, when it can happen under the 210-day rule, and when the property transfer tax exemption applies.
Suspect a Sibling Took Money From Mom or Dad Before They Died?
October 14, 2026
If a brother or sister managed a parent's money before death and the accounts don't add up, the estate may be able to demand records and recover what was taken. Here is what a BC executor can ask for, who can sue, and why the timing matters.
Was It a Gift? Challenging Joint Accounts and Joint Title After a Death
October 14, 2026
When a parent dies and one child keeps a joint bank account or a house held in joint names, the asset is not automatically theirs to keep. Under the Pecore decision, the surviving child often has to show the parent meant it as a gift. Here is how these claims work in BC.
Common-Law Spouse After a Death: Proving a Marriage-Like Relationship in BC
October 14, 2026
When an unmarried partner dies in BC, whether the survivor is a spouse under the Wills, Estates and Succession Act decides what they can claim. Here is how the test works, what is at stake with and without a will, and why both sides should act early.
Undue Influence and BC Wills: Warning Signs and How Claims Work
October 14, 2026
When a will suddenly favours a caregiver, a new partner or one sibling, family members often suspect pressure. Here is what undue influence means in BC, how section 52 of WESA shifts the burden of proof, and what evidence matters.
Challenging a Will for Lack of Capacity, Including Dementia
October 12, 2026
A late-life will made after a dementia diagnosis is not automatically invalid. This guide explains what testamentary capacity means, how suspicious circumstances shift the burden, the evidence that tends to matter, and how a notice of dispute can pause a grant of probate in BC.
Removing an Executor in BC
October 12, 2026
An executor who will not act, stops responding or cannot be trusted with the estate can be removed, but only by court order. This guide explains who can apply, the grounds in section 158 of WESA, why trusteeship matters, and what to try before going to court.
Executor Delays: What Beneficiaries Can Do When an Estate Drags On
October 12, 2026
When a BC estate stalls, beneficiaries have options: ask for information, cite an executor who will not apply for probate, seek an accounting, or apply to remove the executor. Here is how those steps fit together and when each one makes sense.
Executor Fees in BC: How Compensation Is Calculated
October 12, 2026
BC executors can be paid for their work, but the familiar 5% figure is a ceiling, not an entitlement. Here is how the Trustee Act sets executor compensation, who approves it, how it is taxed, and what beneficiaries can do if a fee looks too high.
Buying Out a Sibling's Share of an Inherited Home in BC
October 12, 2026
When one sibling wants to keep a parent's house and the others want their share in cash, a buyout can work, but the order of steps matters. Here is how the executor's role, valuation, property transfer tax and the Partition of Property Act fit together in BC.
Transferring the House After a Joint Owner Dies in BC
October 12, 2026
When a home in BC is owned in joint tenancy and one owner dies, the survivor usually takes the whole property without probate. The title still has to be updated with the LTSA. Here is how survivorship works, what to file, and when it is not as simple as it looks.
Applying for Letters of Administration in BC When There's No Will
October 9, 2026
When someone dies without a will in BC, a family member usually needs a grant of administration before they can deal with the estate. Here is who has priority to apply, when consents matter, the notice and filing steps, and when security (a bond) can be required.
Do You Need a Lawyer for Probate in BC?
October 9, 2026
BC law does not require an executor to hire a lawyer to apply for probate, and some executors file on their own. Here is what the application involves, when doing it yourself can work, and the signs that an estate needs legal help before you file.
How Long Does Probate Take in BC? Typical Stages and Delays
October 9, 2026
There is no single answer to how long probate takes in BC. Some steps have fixed minimum waits set by law, while others depend on the registry, the paperwork and the family. Here are the stages, the built-in waiting periods and the most common causes of delay.
Estate Disputes in BC: The Main Types of Claims and Where to Start
October 8, 2026
Estate disputes in BC fall into a handful of recognisable types, each with its own rules and deadlines. This overview explains the main claims under WESA and the court rules, and the first steps to consider before a grant issues.
Probate Fees in BC: How They Are Calculated
October 8, 2026
BC probate fees follow a short formula in the Probate Fee Act: nothing on the first $25,000, then $6 and $14 per $1,000. The harder part is knowing which assets count and what value to use. Here is how executors work it out.
Your Rights as a Beneficiary in BC
October 8, 2026
Named in a will in BC? The executor makes the decisions, but you are entitled to notice, information and a proper accounting. Here is what you can ask for, why distribution takes time, what you cannot insist on, and what the court can do if the executor goes quiet.
Selling a House in an Estate in BC: The Executor's Process
October 7, 2026
Selling a house that belongs to an estate in BC follows a set order: the grant, registering the executor on title, then the sale. Here is how the process works, the spousal home and 210-day rules, and the tax and vacancy issues executors often miss.
Applying for Probate in BC: The Process From Start to Grant
October 7, 2026
Applying for probate in BC follows a set order: search for a wills notice, give 21 days' notice of the application, then file the forms and pay the probate fee. This guide walks executors through each step to the grant and what comes after it.
Executor Duties in BC: A Step-by-Step Guide
October 6, 2026
Being named executor in a BC will means taking legal responsibility for an estate. This guide walks through the wills search, the probate notice, creditors, tax returns and clearance, the 210-day wait and accounting to beneficiaries, and where executors become personally liable.
When a Parent Dies in BC: A Legal Checklist for the First Weeks
October 5, 2026
A calm, practical checklist for the first weeks after a parent dies in British Columbia: registering the death, who decides about the funeral, finding the will, securing the home, who to notify, the final tax return, and what to leave alone until the executor's authority is clear.
Do You Need Probate in BC? When an Estate Can Skip It, and When It Cannot
October 4, 2026
Whether an estate in British Columbia needs probate depends less on the will than on how each asset was owned. Here is what passes outside the estate, what almost always needs a grant, what probate costs, and why the popular ways of "avoiding probate" often cost more than the fee.
Left Out of a Will in BC? The 180-Day Window to Contest It
October 4, 2026
British Columbia gives a spouse or child who has been left out of a will, or left too little, a right that is unusual in Canada: to ask the court to vary it. The right is real, the test is demanding, and the deadline is short. Here is how wills variation works and what executors and will-makers should know about it.
The 210-Day Rule: Why Executors in BC Wait Before Distributing an Estate
October 3, 2026
A plain-language guide to section 155 of BC’s Wills, Estates and Succession Act: the 210-day waiting period after a grant of probate, the exceptions, and why it protects executors and beneficiaries alike.