As part of the application process, a person seeking to obtain an estate grant from the BC Supreme Court is required to send notice of their application to anyone with an interest in the deceased’s estate.

The list of persons entitled to receive notice is lengthy, and may include some or all of the following:

- Beneficiaries named in the will

- Intestate successors (people who would inherit had there been no will)

- Executors not acting

- Creditors

- Attorney General

- Public Guardian & Trustee

Notice provides an opportunity for a recipient to oppose the issuance of an estate grant. If that is the case, the disputant will file what is called a ‘notice of dispute’ which in effect prevents the application from proceeding until it expires or is otherwise dealt with.

A notice of dispute must be filed within the period set out on the notice (usually 21 days from the date that notice is sent by the applicant), so it is important to act quickly if you intend to file a notice of dispute. The notice of dispute lasts for one year from the date of filing, unless it is renewed, withdrawn, the will in question is proved in solemn form, or the court orders that it be removed.

Generally speaking, disputes must include a claim that the will being submitted for probate is somehow invalid or incomplete, or that the person applying for a grant is not a proper person. The nature of the claim made impacts the manner in which the dispute can be addressed, so it is important to tread carefully when filing or responding to a notice of dispute.  

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This article is intended for information purposes only and should not be taken as the provision of legal advice. Grace C. Cleveland is a lawyer with the law firm of Cleveland Doan LLP and can be reached at (604)536-5002 or grace@clevelanddoan.com.