Who Gets to See a Will in BC, and How to Find Out If You're a Beneficiary

After a death, family members often want to know one thing quickly: what does the will say, and am I in it? The answer depends on timing, and on whether the executor ever applies for probate.

This article explains who is entitled to see a will in British Columbia at each stage, how the probate notice works, how to find out whether a will exists, and what you can do if the executor is keeping it to themselves.

While the will-maker is alive

A will is a private document until death. No relative or expected beneficiary is entitled to read it, and the will-maker can change it at any time. Even the provincial wills registry is closed to most people at this stage: under section 77 of the Wills, Estates and Succession Act (WESA), anyone other than a lawyer or notary must provide proof of death before searching the registry, and a search shows only where a will was kept, never its contents.

After the death, before probate

The executor named in the will usually holds the original or knows where it is. BC law does not give family members a general right to demand a copy the day after a death, and many executors share it informally anyway. The formal right to a copy arrives with the probate process.

The probate notice and copy of the will

Before anyone applies for a grant of probate, Rule 25-2 of the Supreme Court Civil Rules requires the intended applicant to deliver a notice of proposed application (Form P1) together with a copy of the will. It goes to:

• Executors and alternate executors named in the will whose right to apply is equal to or ahead of the applicant's.
• Every beneficiary under the will.
• People who would have inherited if there were no will, under the intestacy rules in WESA, even if the will leaves them nothing.
• Others in particular cases, such as the Public Guardian and Trustee where a beneficiary is a minor or may lack capacity.

The applicant cannot file until at least 21 days after delivering the notice. That gap gives recipients time to read the will and get advice. If the will is an electronic will, a recipient can demand it in its original electronic form using Form P46, and the applicant must provide it within 7 days.

So if you are a spouse, child or other close relative, you will usually see the will through this notice even if you are not named in it. If you receive one and want to understand your position, our guide to your rights as a beneficiary in BC is a good next step.

How to find out whether there is a will

• Ask the family's lawyer or notary. The office that prepared a will often still holds the original.
• Search the wills registry. Once a death has occurred, anyone who provides the death certificate and fee can apply to the Vital Statistics Agency for a wills notice search. If the person filed a notice, the result shows the date the will was signed and where it was kept at the time. It does not reveal what the will says, and the registry does not keep copies.
• Check the court record. If probate has been applied for, the estate will have a Supreme Court file (see below).

After a grant of probate issues

Once a will is submitted for probate, it becomes part of the court file. Rule 23-1 provides that, unless another enactment says otherwise, a person may obtain a copy of a document on file in a proceeding from the registry on payment of the proper fees. In practice, that means a probated will can generally be obtained from the Supreme Court registry where the application was filed.

To find the file, you can contact the registry or use Court Services Online, the Province's eSearch service for Provincial and Supreme Court civil files. Depending on any access restrictions, a file search shows details such as the file number, registry, parties and a list of filed documents, and some documents can be purchased online. Service fees apply.

When the executor will not show you the will

If you have a real interest in the estate and the executor is neither sharing the will nor applying for probate, the rules give you tools:

• A citation. Under Rule 25-11, a person interested in the estate can serve the named executor with a citation (Form P32) requiring them to apply for probate. The executor must respond within 14 days. An executor who refuses, does not respond properly, or does not obtain a grant within 6 months (unless the court extends the time) is deemed to have renounced, and others can then apply.
• A subpoena for the document. Under Rule 25-12, if someone holds a will that is needed for an application and has not provided it on request, the registrar can issue a subpoena requiring them to deliver it to the registry or swear that they do not have it.

These steps involve court forms, personal service and strict timing, so most people take advice before using them. If the issue is an estate that has stalled rather than a hidden will, see our article on what beneficiaries can do about executor delays.

Why seeing the will early matters

Reading the will is often the first step in deciding whether anything needs to be done. A spouse or child who has been left out, or left less than expected, may have a claim to vary the will, and under section 61 of WESA that claim must generally be started within 180 days after the grant is issued. Our guide to contesting a will in BC explains the deadline and how the claim works.

Not sure what a will says or whether you are in it?

Our probate and estate lawyers can help you find out whether a will exists, obtain a copy from the executor or the court file, and explain your options if you have been left out or kept in the dark.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.