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B.C. Reg. 168/2009
O.C. 302/2009
Deposited July 7, 2009
effective July 1, 2010
This consolidation is current to February 20, 2018.
Link to Point in Time

Court Rules Act

Supreme Court Civil Rules

[includes amendments up to B.C. Reg. 3/2016, July 1, 2016]

Part 25 — Estates

Rule 25-1 — Definitions

Definitions

(1)In this Part:

"affidavit of assets and liabilities for estate grant" means an affidavit referred to in Rule 25-3 (2) (g);

"affidavit of assets and liabilities for resealing" means an affidavit referred to in Rule 25-6 (2) (g);

"alternate executor" means a person who, under the terms of a will, is to become an executor if the person named in the will as executor is unable or unwilling to act or continue to act in that capacity;

"authorization to obtain estate information" means an authorization to obtain estate information issued under Rule 25-4 (1) (a);

"authorization to obtain resealing information" means an authorization to obtain resealing information issued under Rule 25-7 (1) (a);

"citor" means a person who serves a citation under Rule 25-11 (1);

"deliver", in relation to a person, means provide to the person by

(a) personal delivery,

(b) ordinary mail to the person's residential or postal address, or

(c) e-mail, fax or other electronic means to the address provided by the person for that purpose;

"disputant" means a person who files a notice of dispute under Rule 25-10 (1);

"estate grant" means

(a) a grant of probate, whether the grant is made for general, special or limited purposes,

(b) a grant of administration, whether the grant is made for general, special or limited purposes, or

(c) an ancillary grant of probate or an ancillary grant of administration;

"executor" means

(a) a person named in a will as an executor, or

(b) if 2 or more persons are named in a will as an executor, each of those co-executors,

unless that person has renounced executorship;

"renounce executorship" has the meaning set out in subrule (4) of this rule;

"solemn form" has the meaning set out in subrule (5) of this rule;

"submission for estate grant" means a submission for estate grant in Form P2;

"submission for resealing" means a submission for resealing in Form P21;

"testamentary document" means a document that does one or both of the following:

(a) makes or purports to make a testamentary disposition other than

(i) a designation under Part 5 of the Wills, Estates and Succession Act, or

(ii) a designation of a beneficiary under Part 3 or 4 of the Insurance Act;

(b) appoints or purports to appoint an executor of the estate of the maker of the document,

and, without limiting this, includes a will;

"wills notice" means a notice filed under section 73 of the Wills, Estates and Succession Act with the chief executive officer under the Vital Statistics Act.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 2 (a).]

Interpretation

(2)The definitions and interpretation sections of the Wills, Estates and Succession Act apply to this Part unless the context otherwise requires.

[en. B.C. Reg. 149/2013, s. 8.]

When delivery occurs under this Part

(3)Delivery of a document under this Part occurs as follows:

(a) subject to Rule 25-2 (5) (a), if the document is sent for delivery to a person by ordinary mail, the document is deemed to be delivered one week later on the same day of the week as the day of mailing or, if that deemed day of delivery is a Saturday or holiday, on the next day that is not a Saturday or holiday;

(b) subject to Rule 25-2 (5) (b), (6) and (7), if the document is transmitted for delivery to a person by e-mail, fax or other electronic means to the e-mail, fax or other electronic address provided by the person for that purpose,

(i) if the document is transmitted before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be delivered on the day of transmission, or

(ii) if the document is transmitted on a Saturday or holiday, or after 4 p.m. on any other day, the document is deemed to be delivered on the next day that is not a Saturday or holiday.

[en. B.C. Reg. 149/2013, s. 8.]

Renunciation of executorship

(4)An executor renounces executorship

(a) in a circumstance set out in paragraph (a) or (b) of Rule 25-11 (5), or

(b) when a notice of renunciation in Form P17 from the executor is filed

(i) with documents filed under Rule 25-3 (2) in relation to the will in which the executor was named as an executor, or

(ii) in the proceeding in which the documents referred to in subparagraph (i) were filed.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 2 (b).]

Solemn form

(5)A will is proved in solemn form when, after a trial or hearing, the court pronounces for the force and validity of the will in solemn form of law.

[en. B.C. Reg. 149/2013, s. 8.]

Parties and parties of record

(6)Unless a contrary intention appears in this Part or in an order under Rule 25-14 (8) (b), a reference to a party or party of record in a rule of these Supreme Court Civil Rules is, for the purposes of applying that rule to a proceeding under this Part, deemed to be a reference to a person who has filed a document in the proceeding.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-2 — Notice Must be Provided

Notice of intended application for estate grant or resealing

(1)Subject to this rule, unless the court otherwise orders, a person intending to apply for an estate grant or for the resealing of a foreign grant in relation to the estate of a deceased must, at least 21 days before submitting for filing the materials required for that application under this Part, deliver the following to the persons referred to in subrule (2):

(a) a notice that complies with subrule (3);

(b) whichever of the following, if any, that applies to the intended application:

(i) if the intended applicant intends to apply for a grant of probate or a grant of administration with will annexed, a copy of the will in relation to which the application is to be made;

(ii) if the intended applicant intends to apply for the resealing of a foreign grant or for an ancillary grant of probate or an ancillary grant of administration with will annexed, a copy of the foreign grant and, if a copy of the will in relation to which the foreign grant was issued is not attached to the foreign grant, a copy of the will;

(iii) if the intended applicant intends to apply for an ancillary grant of administration without will annexed, a copy of the foreign grant.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 3 (a).]

Persons to whom documents must be delivered

(2)The documents referred to in subrule (1) must be delivered to the following persons:

(a) if the deceased left a will, each of the following who is not a person by whom or on whose behalf the documents referred to in subrule (1) are to be delivered (a person by whom or on whose behalf the documents referred to in subrule (1) are to be delivered is, in this subrule, called an "intended applicant"):

(i) each person

(A) who is named in the will as executor or alternate executor,

(B) whose right to make an application for an estate grant in relation to the deceased is prior to or equal to the intended applicant's right to make that application, and

(C) who is alive at the time of the deceased's death;

(ii) each beneficiary under the will who is not referred to in subparagraph (i) of this paragraph;

(iii) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, would have been an intestate successor if the deceased did not leave a will and who is not referred to in subparagraph (i) or (ii) of this paragraph;

(b) if the deceased did not leave a will,

(i) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, is an intestate successor of the deceased, and

(ii) each creditor of the deceased whose claim exceeds $10,000 and who is not referred to in subparagraph (i) of this paragraph;

(c) if the deceased was a Nisga'a citizen, the Nisga'a Lisims government;

(d) if the deceased was a member of a treaty first nation, the treaty first nation;

(e) any other person who, by court order under subrule (14) (a), is to receive notice;

(f) any person not referred to in paragraph (a), (b), (c), (d) or (e) of this subrule who has served a citation on the intended applicant in relation to the deceased.

[en. B.C. Reg. 149/2013, s. 8.]

Form of notice of application

(3)A notice under subrule (1) must be in Form P1, must be signed by the intended applicant or the intended applicant's lawyer and must contain the following:

(a) the name, last residential address and date of death of the deceased;

(b) subject to subrule (4), the name and mailing address of the intended applicant and an address for service for the intended applicant, which address for service must be an accessible address that complies with Rule 4-1 (1);

(c) if the intended applicant is an individual, the city and country in which the intended applicant ordinarily lives;

(d) the estate grant or resealing for which the intended applicant intends to apply;

(e) the registry of the court where the submission for estate grant or submission for resealing will be filed;

(f) the following statements in relation to each person to whom the notice is delivered:

(i) that the person has a right to oppose,

(A) in the case of a notice provided in relation to an application for an estate grant, the issuance to the intended applicant of either or both of an authorization to obtain estate information and an estate grant, or

(B) in the case of a notice provided in relation to an application for a resealing of a foreign grant, either or both of the issuance of an authorization to obtain resealing information and the resealing of the foreign grant;

(ii) that the person may or may not be entitled to claim against the estate for relief, including a claim under

(A) the Family Law Act, or

(B) Division 6 of Part 4 of the Wills, Estates and Succession Act;

(iii) that, if the person chooses to take a step referred to in subparagraph (i) or (ii) of this paragraph, the person must do so within the time limited by any relevant rule of court or other enactment;

(iv) that the person may consult with that person's own lawyer concerning the person's interest in, or rights against, the estate;

(v) in the case of an application for a grant of administration, that the person may apply for an order requiring the intended applicant to provide security unless the intended applicant is the Public Guardian and Trustee;

(g) the following statements:

(i) that an estate grant may issue or a foreign grant may be resealed, as the case may be, without further notice, on any date that is at least 21 days after the date on which the notice is delivered, or on any earlier date ordered by the court;

(ii) if an authorization to obtain estate information issues to the intended applicant, the intended applicant may apply for an estate grant without further notice, and if an authorization to obtain resealing information issues to the intended applicant, the intended applicant may apply for the resealing of the foreign grant without further notice;

(iii) that if an estate grant issues to the intended applicant as a result of the application, the intended applicant must provide, if there is a will, to the beneficiaries or, if there is no will, to intestate successors of the deceased, an accounting as to how the estate was administered and how the estate assets were distributed, and

(iv) that if a foreign grant is resealed as a result of the application, the intended applicant must provide, if there is a will, to the beneficiaries or, if there is no will, to intestate successors of the deceased, an accounting as to how the estate comprising the assets to which the resealed grant applies was administered and how those assets were distributed.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 3 (b).]

Multiple intended applicants

(4)If an application referred to in subrule (1) is to be brought by 2 or more intended applicants, those intended applicants

(a) must adopt a single address for service that is applicable to them all, which address for service must be an accessible address that complies with Rule 4-1 (1), and

(b) may adopt additional addresses for service under Rule 4-1 (2) provided that each additional address for service is applicable to all of the applicants.

[en. B.C. Reg. 149/2013, s. 8.]

When delivery occurs under this rule

(5)Delivery of a document under this rule occurs as follows:

(a) if the document is sent for delivery to a person by ordinary mail to the person's mailing address, the document is deemed to be delivered on the date it is mailed;

(b) subject to subrules (6) and (7) of this rule, if the document is transmitted for delivery to a person by e-mail, fax or other electronic means to the e-mail, fax or other electronic address provided by the person for that purpose, the document is deemed to be delivered on the date it is transmitted.

[en. B.C. Reg. 149/2013, s. 8.]

No delivery by e-mail, fax or other electronic means without acknowledgement

(6)Sending a document referred to in subrule (1) to a person by e-mail, fax or other electronic means does not constitute delivery of the document to that person unless that person provides a written acknowledgement of receipt.

[en. B.C. Reg. 149/2013, s. 8.]

If delivery is effected by e-mail, fax or other electronic means

(7)If documents referred to in subrule (1) are delivered by e-mail, fax or other electronic means, the intended applicant must swear, in an affidavit in Form P9, that

(a) the intended recipient of the documents has, in writing, acknowledged receipt of those documents, and

(b) the intended applicant will retain a copy of that acknowledgement until the personal representative of the deceased is discharged and, until then, will produce that acknowledgement promptly after being requested to do so by the registrar.

[en. B.C. Reg. 149/2013, s. 8.]

If person to whom notice is to be delivered is a minor

(8)If a person to whom documents are to be delivered under subrule (1) is a minor, the intended applicant must deliver those documents

(a) as follows:

(i) if the applicant knows that the minor resides with all of the minor's parents, to those parents;

(ii) if subparagraph (i) does not apply but the applicant knows that a parent or guardian has responsibility for financial decisions relating to the minor, to that parent or guardian;

(iii) if neither subparagraph (i) nor subparagraph (ii) applies but the applicant knows of one or more addresses at which the minor resides, to the minor at each of those addresses, and

(b) subject to subrule (9), to the Public Guardian and Trustee.

[en. B.C. Reg. 149/2013, s. 8.]

If testamentary trust exists

(9)An intended applicant need not deliver documents under subrule (8) (b) to the Public Guardian and Trustee if

(a) the intended applicant is an executor or alternate executor of the deceased's estate,

(b) the minor is not a spouse or child of the deceased, and

(c) the deceased's will

(i) creates a trust for the interest of the minor in the estate, and

(ii) appoints a trustee for that trust.

[en. B.C. Reg. 149/2013, s. 8.]

If person to whom notice is to be delivered is a mentally incompetent person

(10)Subrule (11) applies if

(a) there has been appointed for a person to whom documents are to be delivered under subrule (1)

(i) a committee appointed under the Patients Property Act, or

(ii) the equivalent of a committee appointed by a court outside British Columbia, or

(b) a person to whom documents are to be delivered under subrule (1) is or may be mentally incompetent and paragraph (a) of this subrule does not apply to the person.

[en. B.C. Reg. 149/2013, s. 8.]

How notice may be delivered to a mentally incompetent person

(11)If subrule (10) applies to a person to whom documents are to be delivered under subrule (1), the intended applicant must deliver the documents to the person as follows:

(a) if subrule (10) (a) (i) applies, by delivering the documents to

(i) the committee referred to in that subparagraph, and

(ii) the Public Guardian and Trustee;

(b) if subrule (10) (a) (ii) applies, by delivering the documents to

(i) the equivalent person referred to in that subparagraph, and

(ii) the Public Guardian and Trustee;

(c) if subrule (10) (b) applies, by delivering the documents to the Public Guardian and Trustee in addition to delivering those documents to the person.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 3 (c).]

If person to whom notice is to be delivered is dead

(12)If a person to whom documents are to be delivered under subrule (1) is dead, the intended applicant must

(a) deliver those documents to the personal representative of the person, if known, or

(b) if the intended applicant does not know of a personal representative of the person, apply to the court under Rule 8-4 for directions and, unless the court dispenses with notice, deliver those documents in accordance with the order obtained on that application.

[en. B.C. Reg. 149/2013, s. 8.]

Notice to Public Guardian and Trustee

(13)At the time that a notice is delivered to the Public Guardian and Trustee under subrule (8) or (11), the intended applicant must also deliver to the Public Guardian and Trustee a notice, in writing, setting out

(a) the name of every other person to whom notice is required to be delivered under subrule (8) or (11), and

(b) the most recent of each of the following that is known to the intended applicant about each of those persons:

(i) the person's residential address, inside or outside British Columbia;

(ii) the person's postal address, inside or outside British Columbia;

(iii) the person's e-mail address;

(iv) the person's fax number.

[en. B.C. Reg. 149/2013, s. 8.]

Court may alter or dispense with notice

(14)On application, the court may do one or both of the following to avoid any prejudice that would otherwise result to the intended applicant, to another person or to the estate:

(a) vary the classes of persons to whom documents referred to in subrule (1) are to be delivered;

(b) dispense with the requirement under subrule (1), (8) or (11) to deliver documents to one or more persons other than the Public Guardian and Trustee.

[en. B.C. Reg. 149/2013, s. 8.]

Public Guardian and Trustee not required to deliver notice under subrule (1)

(15)If the intended applicant is the Public Guardian and Trustee, he or she is not required to deliver documents under subrule (1) to any person referred to in subrule (2) except that the Public Guardian and Trustee must deliver the documents to the following:

(a) if the deceased left a will, each spouse or child of the deceased;

(b) if the deceased was a Nisga'a citizen, the Nisga'a Lisims government or, if the deceased was a member of a treaty first nation, the treaty first nation.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 3 (d).]

If application made for solemn form grant

(16)A person may file the materials required for an application under this Part without first providing notice under this rule to a person referred to in subrule (2) if

(a) the application is for a grant of probate or a grant of administration with will annexed in relation to a will that has been proved in solemn form, and

(b) the person referred to in subrule (2) was served with the petition or notice of application under which proof of the will in solemn form was sought.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-3 — Application for Estate Grant

How to Apply

Definition

(1)In this rule, "will" means,

(a) in relation to an application for a grant of probate or a grant of administration with will annexed, the testamentary document in relation to which the application was brought, or

(b) in relation to an application for an ancillary grant of probate or an ancillary grant of administration with will annexed, the testamentary document in relation to which the foreign grant was issued.

[en. B.C. Reg. 149/2013, s. 8.]

Documents to be filed in an application

(2)A person wishing to apply for an estate grant must, after delivering in accordance with Rule 25-2 the documents that were required to be delivered under that rule, file the following documents:

(a) a submission for estate grant in Form P2;

(b) an affidavit from the applicant, or, if there are 2 or more applicants, from at least one of the applicants, as follows:

(i) if the application is for a grant of probate or a grant of administration with will annexed,

(A) in Form P3 if subrule (6) of this rule applies, or

(B) in Form P4 if subrule (6) of this rule does not apply;

(ii) if the application is for a grant of administration without will annexed, in Form P5;

(iii) if the application is for an ancillary grant of probate or an ancillary grant of administration with will annexed, in Form P6;

(iv) if the application is for an ancillary grant of administration without will annexed, in Form P7;

(c) if there are 2 or more applicants, an affidavit in Form P8 from each of the applicants who has not sworn an affidavit referred to in paragraph (b);

(d) two copies of a certificate from the chief executive officer under the Vital Statistics Act indicating the results of a search for a wills notice filed by or on behalf of the deceased;

(e) any affidavit or material required by any of subrules (15) to (24) of this rule;

(f) one or more affidavits, in Form P9, that, collectively, confirm that the documents referred to in Rule 25-2 were delivered to all of the persons to whom, under that rule, the documents were required to be delivered;

(g) in accordance with subrule (7) of this rule, from the applicant, or, if there is more than one applicant, from at least one of the applicants, an affidavit of assets and liabilities, which affidavit must be

(i) subject to subparagraph (ii) of this paragraph, an affidavit of assets and liabilities for domiciled estate grant in Form P10, or

(ii) if subrule (8) applies, an affidavit of assets and liabilities for domiciled estate grant in Form P10 or an affidavit of assets and liabilities for non-domiciled estate grant in Form P11;

(h) in accordance with subrule (10), for each of the documents that are filed with the submission for estate grant and that are not written in the English language, an affidavit of translator in Form P12;

(i) if one or more of the executors has renounced executorship, whichever of the following that applies:

(i) if the executor has provided to the applicant a notice of renunciation in Form P17, that notice of renunciation;

(ii) if the executor is deemed under Rule 25-11 to have renounced executorship, an affidavit of deemed renunciation in Form P34 prepared by the citor under Rule 25-11 (7) and any supporting affidavits of service;

(j) any document required under subrule (3).

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 4 (a) to (d).]

Filing of wills

(3)Subject to subrule (5), the person wishing to apply for an estate grant must file with the documents referred to in subrule (2) (a) to (j) the following:

(a) if the application will be for a grant of probate or a grant of administration with will annexed,

(i) the originally signed version of the will, if that original exists or, if that original does not exist, a copy of the will, and

(ii) if an order has been made that affects the validity or content of the will and that order has not yet been filed in the proceeding within which the estate grant is being sought, a copy of that order;

(b) if a grant of probate or equivalent, or a grant of administration with will annexed or equivalent, was issued in a jurisdiction that has not been prescribed for the purposes of section 138 of the Wills, Estates and Succession Act and the application under this Part will be for an ancillary grant of probate or an ancillary grant of administration with will annexed, the following:

(i) a copy of the foreign grant that has been certified by the issuing court;

(ii) if the will is not attached to the foreign grant, a copy of the will that has been certified by the issuing court;

(c) if a grant of administration without will annexed, or equivalent, was issued in a jurisdiction that has not been prescribed for the purposes of section 138 of the Wills, Estates and Succession Act and the application will be for an ancillary grant of administration without will annexed, a copy of the foreign grant certified by the court out of which the grant of administration without will annexed, or equivalent, was issued.

[en. B.C. Reg. 149/2013, s. 8.]

Multiple applicants

(4)If an application for an estate grant is brought by 2 or more applicants, those applicants

(a) must adopt a single address for service that is applicable to them all, which address for service must be an accessible address that complies with Rule 4-1 (1), and

(b) may adopt additional addresses for service under Rule 4-1 (2) provided that each additional address for service is applicable to all of the applicants.

[en. B.C. Reg. 149/2013, s. 8.]

Documents to be separate

(5)None of the documents referred to in a paragraph of subrule (2) or (3) may be attached to any document referred to in any other paragraph of subrule (2) or (3), and, without limiting this, an originally signed version of the will, when submitted for filing in accordance with subrule (3) (a), must not be attached to any other document.

[en. B.C. Reg. 149/2013, s. 8.]

Form of affidavit for application for grant of probate or grant of administration with will annexed

(6)The affidavit required of an applicant under subrule (2) (b) in relation to an application for a grant of probate or a grant of administration with will annexed may be in Form P3 if

(a) the applicant swearing the affidavit is named in the will as an executor or alternate executor or is a person referred to in section 131 of the Wills, Estates and Succession Act,

(b) the applicant swearing the affidavit is satisfied that

(i) a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents, and

(ii) no testamentary document that is dated later than the date of the will has been found,

(c) the applicant swearing the affidavit believes that the will is the last will of the deceased that deals with property in British Columbia,

(d) the will complies with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act, and the originally signed version of the will is being filed with the submission for estate grant,

(e) a certificate has been obtained from the chief executive officer under the Vital Statistics Act indicating the results of a search for a wills notice filed by or on behalf of the deceased, and the certificate indicates that no wills notice has been filed by or on behalf of the deceased

(i) in relation to a testamentary document that is dated later than the date of the will, or

(ii) at all,

(f) the will is not a military will executed in accordance with the requirements of section 38 of the Wills, Estates and Succession Act,

(g) the applicant swearing the affidavit is not aware of there being any issues respecting execution of the will,

(h) the applicant swearing the affidavit is not aware of there being any interlineations, erasures or obliterations in, or other alterations to, the will,

(i) the applicant swearing the affidavit is not aware of there being any issues arising from the appearance of the will,

(j) any documents referred to in the will are attached to the will, and

(k) the applicant swearing the affidavit is not aware of there being any grant of probate or administration, or equivalent, having been issued, in relation to the deceased, in British Columbia or in any other jurisdiction.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 4 (e).]

Filing of affidavit of assets and liabilities for estate grant

(7)The affidavit required under subrule (2) (g) may be filed concurrently with or subsequent to the filing of the other documents referred to in subrules (2) and (3).

[en. B.C. Reg. 149/2013, s. 8.]

Affidavit of assets and liabilities for non-domiciled estate grant

(8)The applicant for an estate grant may file an affidavit of assets and liabilities for non-domiciled estate grant in Form P11 if

(a) the deceased was not domiciled or ordinarily resident in British Columbia at the time of death,

(b) all property of the deceased situated outside British Columbia, if any, has been, is being or will be

(i) administered by a foreign personal representative, or

(ii) otherwise administered under the law of a foreign jurisdiction.

[en. B.C. Reg. 149/2013, s. 8.]

Supplemental affidavit of assets and liabilities for estate grant

(9)Whether or not an estate grant has been issued in response to an application for an estate grant, if the applicant determines, after filing the affidavit of assets and liabilities for estate grant required in relation to the application, that

(a) there are assets or liabilities of the estate that are not referred to in that affidavit or in an affidavit filed under this subrule, or

(b) information contained in the affidavit of assets and liabilities for estate grant or in a supplemental affidavit of assets and liabilities for estate grant filed under this subrule is incorrect or incomplete,

the applicant must, promptly after making that determination,

(c) file a supplemental affidavit of assets and liabilities for domiciled estate grant in Form P14 or, if the applicant has filed in the proceeding an affidavit of assets and liabilities for non-domiciled estate grant in Form P11, a supplemental affidavit of assets and liabilities for non-domiciled estate grant in Form P15, and

(d) pay all fees payable in relation to that filing, including all applicable probate fees.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 4 (f) and (g).]

Filing of affidavit of translator

(10)An affidavit of translator in Form P12 must be filed concurrently with any document referred to in subrule (2) or (3) that is the subject of a translation.

[en. B.C. Reg. 149/2013, s. 8.]

Delivery to Public Guardian and Trustee

(11)Subject to subrule (12) of this rule, if, under Rule 25-2, the applicant was required to deliver to the Public Guardian and Trustee the documents referred to in Rule 25-2 (1), the applicant must, promptly after filing a document referred to in subrule (2) or (9) of this rule, deliver a copy of that filed document to the Public Guardian and Trustee.

[en. B.C. Reg. 149/2013, s. 8.]

Exceptions to delivery to Public Guardian and Trustee

(12)An applicant referred to in subrule (11) need not, under that subrule, deliver to the Public Guardian and Trustee the following:

(a) a copy of any document filed under subrule (3) if a copy of that document was delivered to the Public Guardian and Trustee under Rule 25-2;

(b) the exhibits to the affidavits of delivery filed under subrule (2) (f) of this rule;

(c) any affidavit of delivery filed under subrule (2) (f) that relates solely to delivery of the notice of proposed application to the Public Guardian and Trustee.

[en. B.C. Reg. 149/2013, s. 8.]

Sealing of court file

(13)If the Public Guardian and Trustee is the applicant in an application brought under this rule, the Public Guardian and Trustee may, by filing a direction in Form P13, direct that the court file respecting the application and any related material specified by the Public Guardian and Trustee be sealed, and, in that event, the registrar must seal the court file and related material in the manner, to the extent and for the period set out in section 125 of the Wills, Estates and Succession Act.

[en. B.C. Reg. 149/2013, s. 8.]

Applications — Search for Will

Search for will

(14)The applicant in an application brought under this rule must swear or affirm in the affidavit required under subrule (2) (b) that the applicant is satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents, and,

(a) if the application is for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed, one of the following:

(i) no testamentary document of the deceased that is dated later than the date of the will has been found;

(ii) one or more testamentary documents of the deceased dated later than the date of the will have been found, and the reasons why the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application, or

(b) if the application is for a grant of administration without will annexed, one of the following:

(i) no testamentary document of the deceased has been found;

(ii) one or more testamentary documents of the deceased have been found, and the reasons why the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application.

[en. B.C. Reg. 149/2013, s. 8.]

Copy must be attached

(14.1)If, under subrule (14) (a) (ii) or (b) (ii), the applicant has found one or more testamentary documents that the applicant believes are invalid or otherwise not relevant to the application, a copy of those testamentary documents must be attached as an exhibit to the affidavit.

[en. B.C. Reg. 103/2015, s. 4.]

Applications Respecting Wills — Execution of Will

Proof of proper execution of will by affidavit of subscribing witness

(15)If an application is brought under this rule for a grant of probate or a grant of administration with will annexed and

(a) the will contains no attestation clause, or

(b) the will contains an attestation clause but that clause is not sufficient to show that the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act relating to the execution of wills, or the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act, were met when the will was signed,

the applicant must do one of the following unless the will has been proved in solemn form:

(c) file with the submission for estate grant an affidavit from at least one of the subscribing witnesses that the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act relating to the execution of wills, or the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act, were met when the will was signed;

(d) if an affidavit from a subscribing witness as required by paragraph (c) cannot be obtained, comply with subrule (16).

[en. B.C. Reg. 149/2013, s. 8.]

Evidence of proper execution of will where subscribing witness unavailable

(16)If an affidavit from a subscribing witness as required by subrule (15) (c) cannot be obtained,

(a) the applicant must, subject to paragraphs (b) and (c) of this subrule,

(i) swear or affirm in the affidavit referred to in subrule (2) (b) (i) (B) that the affidavit from a subscribing witness required by subrule (15) cannot be obtained, and

(ii) file an affidavit by any other person present when the will was signed that the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act relating to the execution of wills, or the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act, were met,

(b) if it is not possible to obtain an affidavit referred to in paragraph (a) (ii) of this subrule, the applicant must, subject to paragraph (c),

(i) swear or affirm in the affidavit referred to in subrule (2) (b) (i) (B) that neither an affidavit from a subscribing witness required by subrule (15) nor an affidavit required by paragraph (a) (ii) of this subrule can be obtained, and

(ii) file one or more affidavits, by one or more persons deposing from personal knowledge, which affidavits, collectively, provide that

(A) except in the case of a will signed by a person other than the will-maker in the manner referred to in subrule (18) (e), the signature of the will-maker on the will is in the handwriting of the deceased, and

(B) the signatures of the subscribing witnesses on the will are in the handwriting of those witnesses, or

(c) if it is not possible to obtain an affidavit referred to in paragraph (a) (ii) of this subrule or an affidavit referred to in paragraph (b) (ii), the applicant must

(i) swear or affirm in the affidavit referred to in subrule (2) (b) (i) (B) that neither an affidavit from a subscribing witness required by subrule (15) nor the affidavits referred to in paragraphs (a) (ii) and (b) (ii) of this subrule can be obtained, and

(ii) file an affidavit, by a person deposing from personal knowledge, respecting circumstances that raise a presumption in favour of the proper execution of the will.

[en. B.C. Reg. 149/2013, s. 8.]

Proof of proper execution of privileged will by member of military force

(17)If an application is brought under this rule for a grant of probate or a grant of administration with will annexed and the applicant alleges that the will is made in a form permitted by section 38 of the Wills, Estates and Succession Act for a will by

(a) a member of the Canadian Forces while on active service under the National Defence Act (Canada), or

(b) a member of a naval, land or air force of any member of the British Commonwealth of Nations or any ally of Canada while on active service,

the applicant must, unless the will has been proved in solemn form, provide evidence in the affidavit referred to in subrule (2) (b) (i) (B) that

(c) the will-maker was authorized to make a will in that form at the time the will was made, and

(d) the will was executed in accordance with the requirements of section 38 of the Wills, Estates and Succession Act.

[en. B.C. Reg. 149/2013, s. 8.]

Proof of will-maker's knowledge of will

(18)If an application is brought under this rule for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed and, at the time of the making of the will, the will-maker

(a) was blind,

(b) was illiterate,

(c) did not fully understand the language in which the will was written,

(d) signed the will by means of a mark instead of handwritten words, or

(e) directed another person to sign the will on behalf of the will-maker in the will-maker's presence,

the applicant must, unless the will has been proved in solemn form,

(f) indicate in the affidavit referred to in subrule (2) (b) (i) (B) which of paragraphs (a) to (e) of this subrule apply, and

(g) if the attestation clause of the will does not indicate that the circumstances referred to in the paragraphs identified under paragraph (f) of this subrule applied to the will-maker at the time of the signing of the will, file one or more affidavits, by any person deposing from personal knowledge, respecting circumstances that raise a presumption that

(i) the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act, or the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act, were met, and

(ii) the will-maker had knowledge of the contents of the will.

[en. B.C. Reg. 149/2013, s. 8.]

International Wills Convention

(19)If an application is brought under this rule for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed in respect of a will that is in the form required by the Convention Providing a Uniform Law on the Form of an International Will enacted as Schedule 2 of the Wills, Estates and Succession Act, the applicant is not required to provide evidence of the authenticity of the signature of the authorized person, as that term is defined in the convention.

[en. B.C. Reg. 149/2013, s. 8.]

Applications Respecting Wills — Appearance of Will

Alterations

(20)If an alteration that is not an erasure or obliteration appears in a will, the applicant must

(a) file an affidavit, which affidavit may but need not be in Form P16, by any person with personal knowledge of the facts, stating that the alteration was present when the will was signed, or

(b) file evidence that

(i) the alteration was made in accordance with the requirements of Divisions 1 and 4 of Part 4 of the Wills, Estates and Succession Act or the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act,

(ii) the alteration was authenticated by the re-execution of the will or by the subsequent execution of a codicil,

(iii) the alteration

(A) does not substantively alter the effect of the will, and

(B) is in respect of form, style or numbering or is a typographical error, or

(iv) the will was proved in solemn form, and the order proving the will in solemn form determined that the alteration does form part of the will.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 4 (h) to (j).]

Words erased or obliterated

(21)If words in a will have been erased or obliterated, the applicant must, unless the words are entirely effaced and cannot be ascertained on inspection,

(a) file an affidavit, which affidavit may but need not be in Form P16, by any person with personal knowledge of the facts, stating that the erasure or obliteration existed in the will when the will was signed, or

(b) file evidence that

(i) the erasure or obliteration was made in accordance with the requirements of Divisions 1 and 4 of Part 4 of the Wills, Estates and Succession Act or the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act,

(ii) the erasure or obliteration was authenticated by the re-execution of the will or by the subsequent execution of a codicil, or

(iii) the will was proved in solemn form and the order proving the will in solemn form determined that the words erased or obliterated do not form part of the will.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 4 (k).]

Registrar must consider appearance of will

(22)Without limiting subrules (20) and (21), if an application is brought under this rule for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed and the appearance of the will leads the registrar to believe that

(a) words in the will were erased or obliterated,

(b) an attempt was made to revoke the will,

(c) a page or document was previously attached to the will but is missing,

(d) the will is incomplete,

(e) the will has been altered and the alteration is not one made by the will-maker in compliance with Divisions 1 and 4 of Part 4 of the Wills, Estates and Succession Act or the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act, or

(f) the will does not comply with the requirements of section 37 (1) (b) of the Wills, Estates and Succession Act or the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act,

the registrar may, unless the will has been proved in solemn form, require the applicant to file one or more of the following:

(g) any page or document that was previously attached to, or is apparently missing from, the will;

(h) an affidavit that explains

(i) the circumstances that led to the deficiency that the registrar perceives in the will, and

(ii) the will-maker's knowledge and intentions relative to those circumstances.

[en. B.C. Reg. 149/2013, s. 8.]

Document referred to in will

(23)Without limiting subrule (22), if an application is brought under this rule in respect of a will for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed, and if a reference in the will to a document raises a question as to whether the document ought to form part of the will, the registrar must require the applicant to file

(a) the document, or

(b) if the applicant is unable or unwilling to file the required document, an affidavit explaining why the document is not being filed.

[en. B.C. Reg. 149/2013, s. 8.]

Reference to judge or master

(24)If, in relation to an application for an estate grant, there is a question under subrule (20), (21), (22) or (23) about what is or is not included in the will, the registrar must refer the application, along with any materials filed with the registrar under the applicable subrule, to a judge or master for an order resolving that question.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-4 — Procedure After Filing Application Materials for Estate Grant

Approval by registrar of application

(1)Subject to subrule (2), the registrar must do the following on an application for an estate grant:

(a) if the application materials filed under Rule 25-3 do not include the affidavit of assets and liabilities for estate grant required in relation to that application, issue to the applicant an authorization to obtain estate information in Form P18, to recognize the applicant as the person to whom an estate grant will be issued once the affidavit of assets and liabilities for estate grant has been filed and all fees payable in relation to the application, including all probate fees, have been paid;

(b) subject to section 124 of the Wills, Estates and Succession Act, after the affidavit of assets and liabilities for estate grant required in relation to that application is filed with or after the filing of the other application materials filed under Rule 25-3, issue an estate grant in Form P19 once all fees payable in relation to that filing, including all applicable probate fees, have been paid.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 5.]

When registrar must refuse to approve application

(2)The registrar must not issue an authorization to obtain estate information under subrule (1) (a) of this rule or an estate grant under subrule (1) (b) unless the registrar is satisfied that

(a) notice of the application has been delivered in accordance with Rule 25-2,

(b) the application materials comply with Rule 25-3,

(c) without limiting paragraph (b), if the application is for a grant of probate or a grant of administration with will annexed and is supported by an affidavit in Form P3, it was appropriate for that form of affidavit to be filed in support of the application,

(d) if the application is for an ancillary grant of probate or administration,

(i) the information in the foreign grant respecting the name of the deceased and the other names by which the deceased was known exactly matches the information in the submission for estate grant respecting those names, and

(ii) each of the persons to whom the foreign grant was issued is an applicant in the submission for estate grant, and the names of the applicants in the submission for estate grant exactly match the names of the persons to whom the foreign grant was issued,

(e) if the document to be issued is an authorization to obtain estate information, the only document that remains to be filed is the affidavit of assets and liabilities for estate grant and the applicant requires the authorization to obtain estate information to facilitate the applicant's ability to determine the assets in the estate and the liabilities applicable to them,

(f) if the document to be issued is an estate grant, all fees payable in relation to the application, including all probate fees, have been paid,

(g) there is no notice of dispute in effect in relation to the estate, and

(h) there is no reason to require a hearing in relation to the application.

[en. B.C. Reg. 149/2013, s. 8.]

Application must be in relation to will

(3)If the registrar is not satisfied that the making, revocation, alteration or revival of a testamentary document complies with the Wills, Estates and Succession Act or with the corresponding requirements of any law to which reference may be made under section 80 of the Wills, Estates and Succession Act, the registrar must not issue an authorization to obtain estate information under subrule (1) (a) of this rule or an estate grant under subrule (1) (b) until

(a) the registrar is satisfied that the making, revocation, alteration or revival of the testamentary document complies with those requirements,

(b) the court orders, under section 58 of the Wills, Estates and Succession Act, that the testamentary document is effective as a will, or

(c) the court orders that the testamentary document is proved as a will in solemn form.

[en. B.C. Reg. 149/2013, s. 8.]

Registrar must provide notice of refusal

(4)If, under subrule (3), the registrar refuses to issue an estate grant or an authorization to obtain estate information, the registrar must provide to the applicant notice, in writing, of

(a) any defect in the application materials, including, without limitation, in

(i) the form of the application materials,

(ii) the information contained or not contained in the application materials, or

(iii) any exhibit or other document attached or not attached to, or filed or not filed with, the application materials,

(b) any other question or matter relating to the application that prevents the registrar from approving it, and

(c) any further information or material that the registrar requires in order to be satisfied in relation to a matter of which he or she must be satisfied before issuing an estate grant or an authorization to obtain estate information.

[en. B.C. Reg. 149/2013, s. 8.]

How notice is to be provided

(5)The registrar may provide to the applicant the notice required under subrule (4) by any convenient means, including, without limitation, by sending the notice to the applicant at the mailing address, fax number or e-mail address, if any, provided as an address for service by the applicant in the submission for estate grant.

[en. B.C. Reg. 149/2013, s. 8.]

Procedure after refusal by registrar to approve application

(6)If, on an application for an estate grant, the registrar refuses to issue an estate grant or an authorization to obtain estate information, the applicant may do one or both of the following:

(a) file further information and material

(i) to correct a defect of which the applicant was informed under subrule (4) (a) or (b), or

(ii) required by the registrar under subrule (4) (c);

(b) proceed under Rule 25-9 to request an order of the court.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 103/2015, s. 5.]

Subrules (1) to (6) applicable after filing of revised or additional material

(7)Subrules (1) to (6) of this rule apply to a reconsideration by the registrar of an application after revised or additional material is filed under subrule (6) (a).

[en. B.C. Reg. 149/2013, s. 8.]

Application by one or more of several co-executors

(8)A grant of probate issued on an application for an estate grant brought by one or more, but not all, co-executors must reserve the right of a co-executor who does not join in the application to apply at a later time unless that co-executor has renounced executorship.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-5 — Corrections, Amendments and Revocations of Estate Documents

Corrections

Applications to correct

(1)If the person to whom an estate grant is issued or on whose behalf a foreign grant is resealed, or who was issued an authorization to obtain estate information or an authorization to obtain resealing information, determines that there is a clerical mistake, or an error arising from an accidental slip or omission, in the estate grant, resealed foreign grant, authorization to obtain estate information or authorization to obtain resealing information, the person may apply to the registrar to correct the estate grant, resealed foreign grant, authorization to obtain estate information or authorization to obtain resealing information.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 103/2015, s. 6 (a).]

Registrar may correct

(2)If, on an application under subrule (1) respecting an estate grant, a resealed foreign grant, an authorization to obtain estate information or an authorization to obtain resealing information, the registrar is satisfied that a clerical mistake or an error has occurred in the estate grant, resealed foreign grant, authorization to obtain estate information or authorization to obtain resealing information, the registrar may correct the clerical mistake or error by issuing to the applicant a correction record in Form P20.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 103/2015, s. 6 (b).]

Amendment Applications

Application for amendment

(3)On application, the court may order that an authorization to obtain estate information, an authorization to obtain resealing information, an estate grant or the resealing of a foreign grant be amended and,

(a) if the person applying for the amendment is the person to whom the estate grant, authorization to obtain estate information or authorization to obtain resealing information was issued or on whose application the foreign grant was resealed, that person must provide to the registry the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant, along with all certified and notarial copies of it, concurrently with the filing of the application record provided under Rule 8-1 (15), or

(b) if the person applying for the amendment is not the person to whom the estate grant, authorization to obtain estate information or authorization to obtain resealing information was issued or on whose application the foreign grant was resealed,

(i) that person must, without limiting Rule 8-1, ensure that the person who has possession or control of the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant is served with the notice of application and supporting materials, and

(ii) the person who has possession or control of the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant must file the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant no later than 4 p.m. on the day that is one full day before the date set for the hearing.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 103/2015, s. 6 (c).]

Issue of new grant

(4)If a document is amended under subrule (3), the amended document replaces the original document and, unless the court otherwise orders, that original document and the certified and notarial copies provided to the registry under subrule (3) are not to be returned to any person.

[en. B.C. Reg. 149/2013, s. 8.]

Revocation Applications

Filing of grant in revocation application

(5)On application, the court may order that an estate grant, an authorization to obtain estate information, an authorization to obtain resealing information or the resealing of a foreign grant be revoked and,

(a) if the person applying for revocation is the person to whom the estate grant, authorization to obtain estate information or authorization to obtain resealing information was issued or on whose application the foreign grant was resealed, that person

(i) must provide to the registry the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant, along with all certified and notarial copies of it, concurrently with the filing of the notice of application, and

(ii) after complying with subparagraph (i), must not act under the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant without leave of the registrar until the application is decided, or

(b) if the person applying for revocation is not the person to whom the estate grant, authorization to obtain estate information or authorization to obtain resealing information was issued or on whose application the foreign grant was resealed,

(i) the person who has possession or control of the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant must file the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant within 7 days after being served with the notice of application for the revocation, and

(ii) after being served with the notice of application, the person to whom the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant was issued must not act under the estate grant, authorization to obtain estate information, authorization to obtain resealing information or resealed foreign grant without leave of the registrar until the application is decided.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 103/2015, s. 6 (c).]

When leave may be granted

(6)The registrar may grant leave to a person under subrule (5) (a) (ii) or (b) (ii) if

(a) a request for leave is made by filing

(i) a requisition in Form 17, and

(ii) affidavit or other evidence in support of the request, and

(b) the registrar is satisfied that the harm that will occur if the leave is granted is less than the harm that will occur if leave is not granted.

[en. B.C. Reg. 149/2013, s. 8.]

No revocation by default

(7)A default in the filing of an application response or, if the court orders service and filing of pleadings in an application under Rule 25-14 (1) (c), in the filing of a response to civil claim, does not, of itself, justify an order revoking the estate grant, authorization to obtain estate information or authorization to obtain resealing information or revoking the resealing of the foreign grant.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-6 — Applications for Resealing

Definition

(1)In this rule, "foreign will", in relation to an application under subrule (2), means the will in relation to which the foreign grant referred to in that subrule was issued.

[en. B.C. Reg. 149/2013, s. 8.]

Application for resealing

(2)If a grant of probate or equivalent, or a grant of administration or equivalent, was issued in a jurisdiction prescribed for the purposes of section 138 of the Wills, Estates and Succession Act, the foreign personal representative to whom the foreign grant was issued may, after the documents referred to in Rule 25-2 (1) have been delivered in accordance with Rule 25-2, apply for a resealing of the foreign grant by filing the following:

(a) a submission for resealing in Form P21;

(b) a copy of the foreign grant that has been certified by the issuing court, and, if the foreign will is not attached to the foreign grant, a copy of the foreign will that has been certified by the issuing court;

(c) an affidavit from the applicant or, if there are 2 or more applicants, from at least one of the applicants, as follows:

(i) if the application is for resealing a grant of probate or a grant of administration with will annexed, in Form P22;

(ii) if the application is for resealing a grant of administration without will annexed, in Form P23;

(d) if there are 2 or more foreign personal representatives to whom the foreign grant was issued, an affidavit in Form P24 from each of the foreign personal representatives who has not sworn an affidavit referred to in paragraph (c);

(e) 2 copies of a certificate from the chief executive officer under the Vital Statistics Act indicating the results of a search for a wills notice filed by or on behalf of the deceased;

(f) one or more affidavits, in Form P9, that, collectively, confirm that the documents referred to in Rule 25-2 were delivered to all of the persons to whom, under that rule, the documents were required to be delivered;

(g) in accordance with subrule (6) of this rule, an affidavit of assets and liabilities for resealing in Form P25 from the applicant, or, if there is more than one applicant, from at least one of the applicants;

(h) in accordance with subrule (8), for each of the documents that are filed with the submission for resealing and that are not written in the English language, an affidavit of translator in Form P12.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 6 (a).]

Multiple applicants

(3)If there are 2 or more foreign personal representatives to whom the foreign grant was issued, all of those foreign personal representatives must be applicants in the application for resealing and those applicants

(a) must adopt a single address for service that is applicable to them all, which address for service must be an accessible address that complies with Rule 4-1 (1), and

(b) may adopt additional addresses for service under Rule 4-1 (2) provided that each additional address for service is applicable to all of the applicants.

[en. B.C. Reg. 149/2013, s. 8.]

Domicile of deceased on resealing

(4)If the submission for resealing referred to in subrule (2) (a) specifies a different ordinary residence for the deceased at the time of his or her death than does the foreign grant, the registrar may require further evidence as to the domicile of the deceased.

[en. B.C. Reg. 149/2013, s. 8.]

Documents to be separate

(5)None of the documents referred to in a paragraph of subrule (2) may be attached to any document referred to in any other paragraph of subrule (2).

[en. B.C. Reg. 149/2013, s. 8.]

Filing of affidavit of assets and liabilities for resealing

(6)An affidavit required under subrule (2) (g) may be filed concurrently with or subsequent to the filing of the other documents referred to in subrule (2).

[en. B.C. Reg. 149/2013, s. 8.]

Supplemental affidavit of assets and liabilities for resealing

(7)Whether or not a foreign grant has been resealed in response to an application under subrule (2), if the applicant determines, after filing the affidavit of assets and liabilities for resealing required in relation to the application, that

(a) there are assets or liabilities of the estate that are neither referred to in that affidavit nor referred to in an affidavit filed under this subrule, or

(b) information contained in the affidavit of assets and liabilities for resealing, or in a supplemental affidavit of assets and liabilities for resealing filed under this subrule, is incorrect or incomplete,

the applicant must file a supplemental affidavit of assets and liabilities for resealing in Form P26 promptly after making that determination and must pay all fees payable in relation to that filing, including all applicable probate fees.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 6 (b).]

Filing of affidavit of translator

(8)An affidavit of translator in Form P12 must be filed concurrently with any document referred to in subrule (2) that is the subject of a translation.

[en. B.C. Reg. 149/2013, s. 8.]

Delivery to Public Guardian and Trustee

(9)Subject to subrule (10) of this rule, if, under Rule 25-2, the applicant was required to deliver to the Public Guardian and Trustee the documents referred to in Rule 25-2 (1), the applicant must, promptly after filing a document referred to in subrule (2) of this rule, deliver a copy of that filed document to the Public Guardian and Trustee.

[en. B.C. Reg. 149/2013, s. 8.]

Exceptions to delivery to Public Guardian and Trustee

(10)An applicant referred to in subrule (9) need not, under that subrule, deliver to the Public Guardian and Trustee the following:

(a) a copy of any document filed under subrule (2) (b) if a copy of that document was delivered to the Public Guardian and Trustee under Rule 25-2;

(b) the exhibit to the affidavits of delivery filed under subrule (2) (f) of this rule;

(c) any affidavit of delivery filed under subrule (2) (f) that relates solely to delivery of the notice of proposed application to the Public Guardian and Trustee.

[en. B.C. Reg. 149/2013, s. 8.]

Search for will

(11)The applicant in an application brought under this rule must swear or affirm in the affidavit required under subrule (2) (c) that the applicant is satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, in all places where the deceased usually kept his or her documents, and,

(a) if the foreign grant is a grant of probate or a grant of administration with will annexed, one of the following:

(i) no testamentary document of the deceased that is dated later than the date of the foreign will has been found;

(ii) one or more testamentary documents of the deceased dated later than the date of the foreign will have been found and the reasons why the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application, or

(b) if the foreign grant is a grant of administration without will annexed, one of the following:

(i) no testamentary document of the deceased has been found;

(ii) one or more testamentary documents of the deceased have been found, and the reasons why the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-7 — Procedure After Filing Application Materials for Resealing

Approval by registrar of application

(1)Subject to subrule (3), the registrar must, on an application to reseal a foreign grant, do the following:

(a) if the application materials filed under Rule 25-6 do not include the affidavit of assets and liabilities for resealing required in relation to that application, issue to the applicant an authorization to obtain resealing information in Form P27 to recognize the applicant as the person to whom a resealed grant will be issued once

(i) the affidavit of assets and liabilities for resealing has been filed, and

(ii) all fees payable in relation to that filing, including all applicable probate fees, have been paid;

(b) subject to section 124 of the Wills, Estates and Succession Act, if the affidavit of assets and liabilities for resealing required in relation to the application is filed with or after the filing of the other application materials filed under Rule 25-6, reseal the foreign grant once all fees payable in relation to the application, including all applicable probate fees, have been paid.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 7.]

Certification of resealing

(2)To reseal a foreign grant, the registrar must attach a Form P28 to the certified copy of the foreign grant that was filed under Rule 25-6 (2) (b).

[en. B.C. Reg. 149/2013, s. 8.]

When registrar must refuse to approve application

(3)The registrar must not issue an authorization to obtain resealing information under subrule (1) (a) of this rule or reseal a foreign grant under subrule (1) (b) unless the registrar is satisfied that

(a) notice of the application had been delivered in accordance with Rule 25-2,

(b) the application materials comply with Rule 25-6,

(c) the information in the foreign grant respecting the name of the deceased and the other names by which the deceased was known exactly matches the information in the submission for resealing respecting those names,

(d) each of the persons to whom the foreign grant was issued is an applicant in the submission for resealing, and the names of the applicants in the submission for resealing exactly match the names of the persons to whom the foreign grant was issued,

(e) if the document to be issued is an authorization to obtain resealing information, the only document that remains to be filed is the affidavit of assets and liabilities for resealing and the applicant requires the authorization to obtain resealing information to facilitate the applicant's ability to determine the assets in the estate and the liabilities applicable to them,

(f) if the registrar intends to reseal the foreign grant, all fees payable in relation to the application have been paid,

(g) there is no notice of dispute in effect in relation to the estate, and

(h) there is no reason to require a hearing in relation to the application.

[en. B.C. Reg. 149/2013, s. 8.]

Registrar must provide notice of refusal

(4)If, under subrule (3), the registrar refuses to approve an application for the resealing of a foreign grant, the registrar must provide to the applicant notice, in writing, of

(a) any defect in the application materials, including, without limitation, in

(i) the form of the application materials,

(ii) the information contained or not contained in the application materials, or

(iii) any exhibit or other document attached or not attached to, or filed or not filed with, the application materials,

(b) any other question or matter relating to the application that prevents the registrar from approving it, and

(c) any further information or material that the registrar requires in order to be satisfied in relation to a matter of which he or she must be satisfied before resealing the foreign grant.

[en. B.C. Reg. 149/2013, s. 8.]

How notice is to be provided

(5)The registrar may provide to the applicant the notice required under subrule (4) by any convenient means, including, without limitation, by sending it to the applicant at the mailing address, fax number or e-mail address, if any, provided as an address for service by the applicant in the submission for resealing.

[en. B.C. Reg. 149/2013, s. 8.]

Procedure after refusal by registrar to approve application

(6)If, on an application for the resealing of a foreign grant, the registrar refuses to issue an authorization to obtain resealing information or to reseal a foreign grant, the applicant may do one or both of the following:

(a) file further information and material

(i) to correct a defect of which the applicant was informed under subrule (4) (a) or (b), or

(ii) required by the registrar under subrule (4) (c);

(b) proceed under Rule 25-9 to request a hearing by the court.

[en. B.C. Reg. 149/2013, s. 8.]

Subrules (1) to (6) applicable after filing of revised or additional material

(7)Subrules (1) to (6) of this rule apply to a reconsideration by the registrar of an application after revised or additional material is filed under subrule (6) (a).

[en. B.C. Reg. 149/2013, s. 8.]

Notice to issuing court of resealing

(8)After the resealing of a foreign grant, the registrar must provide notice of the resealing to the court that issued the foreign grant.

[en. B.C. Reg. 149/2013, s. 8.]

Notice of revocation or amendment of resealed grant

(9)If the registrar knows that a British Columbia grant has been resealed in another jurisdiction, the registrar must notify the resealing court of any revocation or amendment of the British Columbia grant.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-8 — Effect of Authorization to Obtain Estate Information or Authorization to Obtain Resealing Information

Authorizations may be delivered

(1)An applicant to whom an authorization to obtain estate information or an authorization to obtain resealing information has been issued may deliver a copy of that authorization to obtain estate information or authorization to obtain resealing information to the following:

(a) any person whom the applicant believes has possession or control of one or more assets of the estate of the deceased;

(b) any person whom the applicant believes has possession or control of one or more documents relating to assets of the estate of the deceased.

[en. B.C. Reg. 149/2013, s. 8.]

Order to provide information

(2)A person to whom a copy of an authorization to obtain estate information or an authorization to obtain resealing information is delivered under subrule (1) must, within 30 days after the date of delivery,

(a) deliver to the applicant information as to the nature and value of those assets of the deceased's estate that are in the person's possession or control, or

(b) if the person

(i) has possession or control of a safety deposit box, a safe, a storage locker or any other thing or place where the deceased kept or may have kept records or assets, and

(ii) does not have a document that itemizes the contents of that thing or place,

allow the holder of the authorization to obtain estate information or authorization to obtain resealing information to have access to that thing or place for the purposes of listing its contents.

[en. B.C. Reg. 149/2013, s. 8.]

Powers of court if information or access not provided

(3)If a person to whom a copy of an authorization to obtain estate information or an authorization to obtain resealing information is delivered under subrule (1) does not comply with subrule (2), the applicant may, on notice to the person, apply to the court for an order that the required information or access be provided, and the court may, on the application,

(a) make an order that the information or access be provided in the manner and at the time or within the period ordered by the court, and

(b) make such other orders as the court considers will further the objects of these Supreme Court Civil Rules, including, without limitation, an order that the person pay the costs of the application.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-9 — Application to Court for Grant or Resealing

Applicant may apply to court

(1)If the registrar refuses to issue an estate grant, an authorization to obtain estate information or an authorization to obtain resealing information or refuses to reseal a foreign grant, the applicant may apply to the court for the authorization, grant or resealing.

[en. B.C. Reg. 149/2013, s. 8.]

Application materials

(2)An applicant wishing to apply to the court under subrule (1) must file

(a) a requisition in Form 31,

(b) a draft of the proposed order in Form 35,

(c) affidavit or other evidence in support of the application, and

(d) any material provided by the registrar in relation to the application.

[en. B.C. Reg. 149/2013, s. 8.]

Powers of the court

(3)An application under subrule (1) in relation to a will is not in the nature of an appeal from the registrar and, on that application, the court may

(a) approve the application,

(b) direct that an application be made for the will to be proved in solemn form, or

(c) direct that the application be heard by the court and give directions respecting that hearing.

[en. B.C. Reg. 149/2013, s. 8.]

Registrar to issue authorization or grant following disposition of application

(4)If an application under subrule (1) is approved by the court under subrule (3) (a) or at a hearing referred to in subrule (3) (c), the registrar must issue the estate grant, authorization to obtain estate information or authorization to obtain resealing information or reseal the foreign grant, as the case may be, in accordance with the order.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-10 — Notices of Dispute

Notice of dispute

(1)To oppose the issuance of an estate grant, an authorization to obtain estate information or an authorization to obtain resealing information or to oppose the resealing of a foreign grant, a person to whom documents have been or are to be delivered under Rule 25-2 (2) must file a notice of dispute that accords with subrule (3) of this rule before the earlier of

(a) the issuance of an authorization to obtain estate information or an authorization to obtain resealing information, and

(b) the issuance of an estate grant or the resealing of a foreign grant.

[en. B.C. Reg. 149/2013, s. 8.]

Only one notice of dispute to be filed

(2)A person must not file more than one notice of dispute in relation to any one estate.

[en. B.C. Reg. 149/2013, s. 8.]

Contents of notice of dispute

(3)A notice of dispute referred to in subrule (1) must be in Form P29, must provide an address for service of the disputant, which address for service must be an accessible address that complies with Rule 4-1 (1), and must disclose

(a) that the disputant is a person to whom documents have been or are to be delivered under Rule 25-2 (2), and

(b) the grounds on which the notice of dispute is filed.

[en. B.C. Reg. 149/2013, s. 8.]

Amendment of notice of dispute

(4)A notice of dispute may be amended once without leave of the court, and after that only with leave of the court.

[en. B.C. Reg. 149/2013, s. 8.]

Amendment of notice of dispute

(5)Rule 6-1 (2) and (3) applies to an amendment of a notice of dispute without leave of the court and, for that purpose, a reference in that rule to a pleading is deemed to be a reference to the notice of dispute.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 8 (a).]

Renewal of notice of dispute

(6)The court may renew a notice of dispute, for any period the court considers appropriate, as follows:

(a) if the application for renewal is brought before the notice of dispute ceases to be in effect, if the court is satisfied that it is appropriate to make an order for renewal;

(b) if the application for renewal is brought after the notice of dispute ceases to be in effect, if the court is satisfied that

(i) there were good reasons that the application for renewal could not be brought before the notice of dispute ceases to be in effect,

(ii) substantial prejudice would be suffered by the person seeking renewal of the notice of dispute if the order for renewal is not made, and

(iii) no other person interested in the estate would suffer substantial prejudice if the order for renewal is made.

[en. B.C. Reg. 149/2013, s. 8.]

Application for renewal of notice of dispute

(7)Subject to Rule 8-5 (6), an application to renew a notice of dispute filed in relation to an estate must be made on notice to

(a) each person who has submitted for filing a submission for estate grant, or a submission for resealing, in relation to the estate,

(b) each person who has filed a notice of dispute in relation to the estate, and

(c) any other interested person to whom the court directs notice be given.

[en. B.C. Reg. 149/2013, s. 8.]

No grant while notice of dispute in effect

(8)While a notice of dispute is in effect in relation to the estate of a deceased, the registrar must not, with respect to that estate,

(a) issue an estate grant, an authorization to obtain estate information or an authorization to obtain resealing information, or

(b) reseal a foreign grant.

[en. B.C. Reg. 149/2013, s. 8.]

Withdrawal of notice of dispute

(9)A disputant may withdraw a notice of dispute by filing a withdrawal of notice of dispute in Form P30.

[en. B.C. Reg. 149/2013, s. 8.]

Application to remove notice of dispute

(10)A person who is interested in an estate in relation to which a notice of dispute has been filed, including, without limitation, an applicant for an estate grant or for the resealing of a foreign grant, may apply on notice to the disputant for an order removing the notice of dispute.

[en. B.C. Reg. 149/2013, s. 8.]

Grounds on which notice of dispute may be removed

(11)On an application under subrule (10), the court may, by order in Form P31, remove a notice of dispute if the court determines that the filing is not in the best interests of the estate.

[en. B.C. Reg. 149/2013, s. 8.]

When notice of dispute ceases to be in effect

(12)A notice of dispute in relation to an estate ceases to be in effect as follows:

(a) subject to paragraph (b), on the date that is one year after the date on which the notice of dispute was filed;

(b) if the notice of dispute has been renewed under subrule (6), at the end of the renewal period;

(c) if the notice of dispute is withdrawn by the disputant under subrule (9);

(d) if the will in relation to which the notice of dispute relates is proved in solemn form;

(e) if the court orders, under subrule (11) or otherwise, that the notice of dispute is removed.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 8 (b).]

Rule 25-11 — Citations

Citation to apply for probate

(1)If a testamentary document is or may be in existence, a person interested in the estate may serve by personal service on each person named as an executor in the testamentary document a citation in Form P32 in respect of the testamentary document to require the served person to apply for a grant of probate in relation to that testamentary document.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 9.]

Alternate executors

(2)A citation under subrule (1) in relation to a grant of probate

(a) must be served by personal service on each alternate executor if an event, including, without limitation, an event referred to in subrule (5), occurs that entitles the alternate executor to assume the office of executor, and

(b) must not be served on an alternate executor until an event referred to in paragraph (a) occurs that entitles that alternate executor to assume the office of executor.

[en. B.C. Reg. 149/2013, s. 8.]

Citation to be supported

(3)A citation under subrule (1) in relation to a testamentary document must include

(a) an address for service of the citor, which address for service must be an accessible address that complies with Rule 4-1 (1), and

(b) a statement of the citor providing

(i) the grounds for the citor's knowledge of or belief as to the existence of the testamentary document, and

(ii) information available to the citor that will allow the testamentary document to be identified.

[en. B.C. Reg. 149/2013, s. 8.]

Answer to citation

(4)A person who is cited by being served with a citation under subrule (1) must, within 14 days after being served with the citation,

(a) if the cited person has been issued a grant of probate in respect of the testamentary document in relation to which the citation was issued, serve on the citor, by ordinary service, a copy of the estate grant, or

(b) if the cited person has not yet been issued a grant of probate in respect of the testamentary document in relation to which the citation was issued, serve the citor as follows:

(i) if the cited person has filed a submission for estate grant under Rule 25-3 (2) in respect of the testamentary document, serve on the citor, by ordinary service, a copy of the filed submission for estate grant along with copies of the other documents filed under Rule 25-3 (2);

(ii) if subparagraph (i) does not apply but the cited person has delivered documents under Rule 25-2 (1) in relation to an application for a grant of probate that the cited person intends to pursue in respect of the testamentary document, serve on the citor, by ordinary service, a copy of those documents;

(iii) if the cited person has not taken any step under this Part in relation to the estate, serve on the citor, by ordinary service, an answer in Form P33 providing an address for service that is an accessible address that complies with Rule 4-1 (1) and stating that the cited person

(A) will apply for a grant of probate in respect of the testamentary document, or

(B) refuses to apply for a grant of probate in respect of the testamentary document.

[en. B.C. Reg. 149/2013, s. 8.]

Deemed renunciation of executorship

(5)A person who is cited under subrule (1) to apply for a grant of probate in relation to a testamentary document is deemed to have renounced executorship in relation to that testamentary document if

(a) he or she is a person referred to in subrule (4) (b) (i), (ii) or (iii) (A) and does not

(i) serve on the citor the document that, under that provision, he or she is required to serve, or

(ii) obtain a grant of probate within 6 months after the date on which the citation was served or within any longer period that the court on the application of the cited person may allow, or

(b) he or she is a person who serves on the citor an answer referred to in subrule (4) (b) (iii) (B).

[en. B.C. Reg. 149/2013, s. 8.]

Effect of failure to answer citation or give reason for refusing probate

(6)If each person who is cited under subrule (1) to apply for a grant of probate in relation to a testamentary document is deemed under subrule (5) to have renounced executorship in relation to the testamentary document, the citor or another person interested in the estate may, without limiting any other right the citor or other person may have, apply for one or more of the following:

(a) a grant of probate or a grant of administration with will annexed in relation to the testamentary document or another testamentary document;

(b) an order under section 58 of the Wills, Estates and Succession Act curing any deficiencies in the testamentary document;

(c) an order that the testamentary document is a will proved in solemn form;

(d) if the testamentary document is in the possession of a cited person, the issuance of a subpoena under Rule 25-12 to require the cited person to file the testamentary document.

[en. B.C. Reg. 149/2013, s. 8.]

Affidavit of deemed renunciation for grant of probate

(7)The citor may swear an affidavit of deemed renunciation in Form P34 if the person who has been served with a citation in respect of a testamentary document is deemed under subrule (5) to have renounced executorship in relation to the testamentary document.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-12 — Subpoena for Testamentary Document or Grant

How to obtain a subpoena for testamentary document or grant

(1)A person may apply for a subpoena to be issued to require a person to deliver to the registry one or more of a testamentary document, an authorization to obtain estate information, an authorization to obtain resealing information, an estate grant, a foreign grant, a resealed foreign grant and a certified or notarial copy of such a document.

[en. B.C. Reg. 149/2013, s. 8.]

Filings required

(2)An application may be brought under subrule (1) by filing

(a) a requisition for subpoena in Form P35 that provides for the applicant an address for service that is an accessible address that complies with Rule 4-1 (1), and

(b) an affidavit in support of the request.

[en. B.C. Reg. 149/2013, s. 8.]

Subpoena may be issued

(3)On being satisfied that

(a) the document in relation to which the subpoena is sought is required for the purpose of any application or other matter under this Part, and

(b) the person to whom the subpoena is addressed failed to comply with a request of the applicant to provide the document to the applicant,

the registrar may issue the subpoena, in Form P37, sought by the application.

[en. B.C. Reg. 149/2013, s. 8.]

Service of subpoena

(4)A subpoena issued under this rule must be personally served and, if an affidavit is filed for the purpose of proving the service, the affidavit must state when, where, how and by whom service was effected.

[en. B.C. Reg. 149/2013, s. 8.]

Certification of non-compliance

(5)The registrar may endorse a copy of the requisition for subpoena in Form P35 with a notation that the person to whom the subpoena was directed has not, within a specified period, done either of the following:

(a) delivered to the registry the document referred to in the subpoena;

(b) provided to the registrar an affidavit indicating that the document referred to in the subpoena is not in the person's possession or control and setting out what knowledge the person has respecting that document.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 10.]

Failure of subpoenaed person to file document

(6)On receipt of

(a) proof that a subpoena was served on a person (the "served person"),

(b) proof that the delivery of the documents required by the subpoena is required for the purpose of any application or other matter under this Part, and

(c) a copy of the requisition for subpoena in Form P35 that has been endorsed by the registrar in accordance with subrule (5),

the court, by its warrant in Form P36 directed to a peace officer, may cause the served person to be apprehended and promptly brought before the court and to be detained in custody or released on terms the court may order, and the court may order the served person to pay the costs arising from his or her failure to file the document.

[en. B.C. Reg. 149/2013, s. 8.]

Release of apprehended person

(7)The court may, by release order in Form 117, order the release of a person apprehended under subrule (6) on receiving an undertaking in Form 116 from that person.

[en. B.C. Reg. 149/2013, s. 8.]

Order setting aside subpoena

(8)A person who has been served with a subpoena under this rule may apply to the court for an order setting aside the subpoena on the grounds that compliance with it is unnecessary or that it would work a hardship on the person, and the court may make any order it considers will further the object of these Supreme Court Civil Rules.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-13 — Remuneration and Passing of Accounts

Remuneration and passing of accounts

(1)A personal representative or a person interested in an estate administered by a personal representative may apply, in accordance with subrule (2), for an order for one or both of the following:

(a) an order for the passing of the personal representative's accounts in relation to the estate;

(b) an order to fix and approve the personal representative's remuneration.

[en. B.C. Reg. 149/2013, s. 8.]

Application process

(2)An application under subrule (1)

(a) may be brought

(i) in accordance with Rule 25-14 (1) (o), (p) or (q),

(ii) in conjunction with an application referred to in Rule 25-14 (1) (d), (e) or (f), or

(iii) in accordance with Rule 8-3 if each interested person other than the applicant has consented to the accounts to be passed or the remuneration to be fixed and approved, as the case may be, and

(b) must, if brought by the personal representative, be supported by an affidavit in support of application to pass accounts in Form P38.

[en. B.C. Reg. 149/2013, s. 8.]

Directions and referrals

(3)In an application under subrule (1), the court may do one or more of the following:

(a) hear and decide any matter relating to the accounts or the remuneration of the personal representative;

(b) direct the registrar to conduct an inquiry, assessment or accounting in relation to any matter relating to the accounts or the remuneration of the personal representative;

(c) make any other order or give any direction that the court considers appropriate in the circumstances.

[en. B.C. Reg. 149/2013, s. 8.]

Effect of referral to registrar

(4)Subject to subrule (5), after a direction is made under subrule (3) (b), Rule 18-1 applies as if the application and the direction had been made under Rule 18-1.

[en. B.C. Reg. 149/2013, s. 8.]

Certification of results

(5)Unless the court otherwise orders, if the court directs the registrar to conduct an inquiry, assessment or accounting under subrule (3) (b),

(a) the registrar must, by certificate in Form P39, certify the result of the inquiry, assessment or accounting, and

(b) if filed under Rule 18-1 (9), the certificate is binding, subject to appeal, on the persons interested in the estate who

(i) had notice of the inquiry, assessment or accounting,

(ii) consented to the accounts or the remuneration, or

(iii) are the subject of an order made under Rule 18-1 (20) (b).

[en. B.C. Reg. 149/2013, s. 8.]

Affidavit required for passing of accounts and remuneration

(6)In addition to any other materials that may be required for an application under subrule (1) of this rule, the applicant must file the following:

(a) if the applicant is the personal representative, he or she must file a statement of account affidavit in Form P40

(i) describing the assets and liabilities of the estate as at the later of

(A) the date of the deceased's death, and

(B) the last day of the period covered by the most recent of the accounts passed under this Part or approved and consented to in writing by all beneficiaries,

(ii) describing, in chronological order, capital transactions that occurred after the applicable date referred to in subparagraph (i),

(iii) describing, in chronological order, income transactions that occurred after the applicable date referred to in subparagraph (i),

(iv) describing the assets and liabilities of the estate as at the last day of the period covered by the accounts to be passed,

(v) describing all distributions made and any distributions anticipated to be made out of the estate,

(vi) including a calculation of the remuneration, if any, claimed by the applicant for

(A) the applicant, and

(B) any current and previous personal representative or trustee for whom a claim for remuneration has not yet been made, and

(vii) including any other details or information the court may require or the applicant may consider relevant;

(b) if the applicant is a person other than the personal representative, he or she must file an affidavit explaining why an accounting is required.

[en. B.C. Reg. 149/2013, s. 8.]

Special costs

(7)Unless the court on an application otherwise orders, if costs are payable under an application under subrule (1), those costs

(a) must be assessed as special costs, and

(b) may be assessed without an order of the court,

and Rule 14-1 (3) and (5) applies.

[en. B.C. Reg. 44/2014, Sch. 1, s. 11.]

Rule 25-14 — Applications

Applications Relating to Grants

How to apply for most applications

(1)If there has been an application for estate grant, a person may apply in accordance with Part 8, or, if nothing has been filed in relation to the estate, may, despite Rule 2-1 (1) and (2) (a) and (b), apply by requisition in Form P41, for an order

(a) under Rule 25-2 (14),

(b) granting administration with or without will annexed in circumstances in which the right to be appointed as the administrator is contested,

(c) revoking an authorization to obtain estate information or estate grant or an authorization to obtain resealing information or the resealing of a foreign grant,

(d) subject to subrule (1.2), removing or substituting a personal representative or, if different, the holder of an authorization to obtain estate information or the holder of an authorization to obtain resealing information,

(e) discharging a personal representative or, if different, the holder of an authorization to obtain estate information or the holder of an authorization to obtain resealing information,

(f) passing over an executor,

(g) Repealed. [B.C. Reg. 103/2015, s. 7 (a) (iii).]

(h) removing or renewing a notice of dispute,

(i) that a foreign grant of probate or administration not be resealed,

(j) requiring security for the administration of an estate,

(k) varying or substituting security for the administration of an estate,

(l) directing that security be assigned to a person named in the order,

(m) respecting production, delivery or filing of

(i) a testamentary document,

(ii) a certified or notarial copy of an authorization to obtain estate information,

(iii) an estate grant,

(iv) an authorization to obtain resealing information, or

(v) a resealed foreign grant,

(n) Repealed. [B.C. Reg. 44/2014, Sch. 1, s. 12 (c).]

(o) for the passing of accounts,

(p) fixing and approving the remuneration of a personal representative, or

(q) subject to subrule (2), respecting any other matter concerning

(i) an authorization to obtain estate information,

(ii) an authorization to obtain resealing information,

(iii) a grant of probate,

(iv) a grant of administration with or without will annexed,

(v) an ancillary grant,

(vi) a resealing, or

(vii) the office of personal representative,

other than a question or matter covered by Rule 2-1 (2) (c) or (d).

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Regs. 44/2014, Sch. 1, s. 12 (a) to (d); 103/2015, s. 7 (a).]

How to apply by petition for orders

(1.1)If there has been no application for estate grant, a person may, with notice, apply by petition to the court for an order

(a) passing over an executor,

(b) appointing an administrator of the estate under section 132 of the Wills, Estates and Succession Act,

(c) respecting production, delivery or filing of a testamentary document, and

(d) subject to subrule (2), respecting any other matter referred to in subrule (1).

[en. B.C. Reg. 103/2015, s. 7 (b).]

Substitution of personal representative in the event of death

(1.2)If a deceased's personal representative dies, a person may apply in accordance with Part 8, subject to any directions given by the court under subrule (8) of this rule, to be substituted as the personal representative by filing

(a) a copy of the death certificate of the personal representative,

(b) an affidavit setting out the request to be substituted as the personal representative and specifying the right to be appointed as personal representative on the basis that the person is one of the following:

(i) the alternate executor;

(ii) entitled to apply for administration of the estate in accordance with section 130 of the Wills, Estates and Succession Act;

(iii) entitled to apply for administration with will annexed in accordance with section 131 of that Act, and

(c) an affidavit confirming delivery of the affidavit referred to in paragraph (b) to

(i) every person who was entitled to notice under the original application, and

(ii) any executors who

(A) did not receive notice of the original application, and

(B) have an equal or greater right to apply to be the personal representative.

[en. B.C. Reg. 103/2015, s. 7 (b).]

How to apply for spousal home and will deficiencies orders

(2)To apply to the court for any of the following orders:

(a) an order under section 30 of the Wills, Estates and Succession Act determining the value of a deceased's interest in a spousal home within the meaning of that Act;

(b) an order under section 33 of the Wills, Estates and Succession Act relating to a spousal home within the meaning of that Act;

(c) an order under section 58 of the Wills, Estates and Succession Act respecting deficiencies in a document that does or may disclose a testamentary intention or testamentary disposition of a deceased;

(d) an order under section 59 of the Wills, Estates and Succession Act rectifying a will,

a person

(e) may, if there is an existing proceeding within which, under these Supreme Court Civil Rules, it is appropriate to seek that order, apply for that order in accordance with Part 8 by notice of application in Form P42 in that proceeding, or

(f) must, if there is no existing proceeding within which it is appropriate to seek that order, apply by requisition in Form P43.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 12 (e).]

Address for service

(3)An applicant who makes an application under subrule (1) by filing a requisition in Form P41 must include an address for service that is an accessible address that complies with Rule 4-1 (1).

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 12 (f).]

Proceeding for proof of a will in solemn form

(4)To apply to the court for an order proving a will in solemn form, a person

(a) may, if there is an existing proceeding within which, under these Supreme Court Civil Rules, it is appropriate to seek that order, apply for that order by notice of application in that proceeding, or

(b) must, if there is no existing proceeding within which it is appropriate to seek that order, start a proceeding by petition under Rule 16-1 and seek the order within that proceeding.

[en. B.C. Reg. 149/2013, s. 8.]

Personal representative to be served

(5)Subject to subrule (6) of this rule, a person applying to the court under any of paragraphs (b) to (q) of subrule (1) must, unless Rule 17-1 applies or the court otherwise orders, serve the notice of application and the other application materials referred to in Rule 8-1 (7) on

(a) each personal representative of the deceased unless that personal representative is the applicant, and

(b) any other person who may be affected by the order sought.

[en. B.C. Reg. 149/2013, s. 8.]

When personal service is required

(6)A notice of application in an application referred to in paragraph (c), (d), (e) or (f) of subrule (1) of this rule must be personally served on a personal representative or, in the case of a reference in subrule (1) (f) to a person with a right to administration in priority to the applicant, that person.

[en. B.C. Reg. 149/2013, s. 8.]

Disputant to receive notice of proceeding relating to a grant

(7)While a notice of dispute is in effect in relation to the estate of a deceased, a person who, in relation to that estate, brings any application under this rule must, without limiting any other service obligations applicable to the person, serve on the disputant, by ordinary service, a copy of all documents the applicant is required to file in connection with the application.

[en. B.C. Reg. 149/2013, s. 8.]

Court may give directions as to procedure

(8)Without limiting any other power of the court under this or any other Part of these Supreme Court Civil Rules, the court may, on its own motion or on application, give directions concerning the procedure to be followed in any matter under this Part and, without limiting this, may give directions respecting any of the following:

(a) the issues to be decided;

(b) who the parties will be, including directions for the addition or substitution of a party;

(c) how evidence may or must be presented;

(d) summary disposition of any or all issues in the matter;

(e) the trial of any or all of the issues in the matter;

(f) pleadings;

(g) examinations for discovery and discovery of documents;

(h) service or delivery of a notice, process, order or document on any person;

(i) dispensing with service or delivery;

(j) representation of any person or interest.

[en. B.C. Reg. 149/2013, s. 8.]

Rule 25-15 — Miscellaneous

Grant of administration to guardians

(1)If the individual who would be entitled to be a personal representative of an estate is a minor, the court may, with the consent of the Public Guardian and Trustee, make a grant of administration, for the minor's use and benefit, to the guardian who has, in relation to the minor, the parental responsibilities referred to in section 41 (k) of the Family Law Act.

[en. B.C. Reg. 149/2013, s. 8.]

Changing address for service

(2)Rule 4-1 (3) applies to this Part and, for that purpose,

(a) a reference in Rule 4-1 (3) to a party of record who has provided an address for service is deemed to refer in this Part to a person who has provided, by service, delivery or otherwise, a document under this Part in which the person has included an address for service, and

(b) a reference in Rule 4-1 (3) to other parties of record is deemed to be a reference to any other person to whom the person referred to in paragraph (a) provided the document referred to in that paragraph.

[en. B.C. Reg. 149/2013, s. 8.]

If no address for service given

(3)Rule 4-2 (7) applies to this Part and, for that purpose, a reference in Rule 4-2 (7) to a party of record is deemed to refer in this Part to a person who has delivered, served or otherwise provided a document under this Part in which the person ought to have included an address for service.

[en. B.C. Reg. 149/2013, s. 8.]

Costs if only solemn form required

(4)A respondent to a petition or application brought under this Part is not liable for costs if

(a) the respondent merely requires that the will be proved in solemn form, and

(b) the respondent only intends to cross-examine the witnesses produced in support of the will,

unless the court determines that there was no reasonable ground for requiring proof in solemn form.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 13.]

Rule 25-16 — Transition

Definition

(1)In this rule, "former rule" means

(a) Rule 61 or Rule 62 of the Supreme Court Rules, B.C. Reg. 221/90, that was repealed on the coming into force of the Supreme Court Civil Rules, B.C. Reg. 168/2009, or

(b) Rule 21-4 or Rule 21-5 that was repealed on the coming into force of this rule.

[en. B.C. Reg. 149/2013, s. 8; am. B.C. Reg. 44/2014, Sch. 1, s. 14.]

Application for grant or resealing under former rule

(2)If, before the coming into force of this rule, an application was brought under a former rule for a grant of probate or administration, ancillary grant of probate or administration or resealing of a foreign grant,

(a) the application is deemed to be an application for an estate grant or a resealing, as the case may be, under this Part,

(b) if that application met all of the notice, delivery and service requirements of the former rule, it is deemed to meet all of the notice, delivery and service requirements of this Part, and

(c) the court or the registrar may issue an estate grant or reseal a foreign grant, as the case may be, in response to the application if that estate grant could have been issued, or that foreign grant could have been resealed, under the former rule.

[en. B.C. Reg. 149/2013, s. 8.]

Caveat filed under former rule

(3)If a caveat filed under a former rule in relation to an estate is in effect on the coming into force of this rule, the caveat

(a) is deemed to be a notice of dispute filed under this Part, and

(b) expires

(i) when it is withdrawn,

(ii) if it is not withdrawn but has been renewed by order of the court, when the renewal period ceases, or

(iii) if it is not withdrawn and has not been renewed by order of the court, on the date that is 6 months after the date on which it was filed.

[en. B.C. Reg. 149/2013, s. 8.]

Citation to accept or refuse probate served under former rule

(4)If a citation to accept or refuse probate or to propound an alleged will was served under a former rule, the citation is deemed to be a citation under Rule 25-11, and, for that purpose, the citation is deemed to have been served on the coming into force of this rule.

[en. B.C. Reg. 149/2013, s. 8.]

Probate actions under former rule

(5)A probate action brought under a former rule, or a petition proceeding brought under a former rule for proof of a will in solemn form, that was ongoing when this rule came into effect is deemed to continue as a proceeding under this Part and, for that purpose, all steps that could have been taken in the probate action or petition proceeding under the former rule, including, without limitation, steps in respect of pleadings, examinations for discovery, discovery of documents and the trial of any or all issues, may be taken in the proceeding under this Part subject to any contrary directions under subrule (6).

[en. B.C. Reg. 149/2013, s. 8.]

Court may decide

(6)The court may give directions if there is any dispute in relation to the procedure to be applied to, or followed in, a proceeding referred to in this Part.

[en. B.C. Reg. 149/2013, s. 8.]

Contents | Parts 1 to 9 | Parts 10 to 20 | Parts 21 to 24 | Part 25 | Appendix A | Appendix A.1 | Appendix B | Appendix C