Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Supreme Court Civil Rules (Rules 25-3, 25-3.1, 25-3.2, 25-4 and 25-9) checked that day.
The registry must tell you why. If it won’t issue the grant, the registrar gives written notice of the defects or what more it needs (Rule 25-4(4)).
Your options: file further material to fix the problem, amend the application, or apply to the court (Rule 25-4(6)).
Common causes: notice problems, missing affidavits, issues with the will’s appearance, unpaid fees.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
A probate registry in BC can only issue a grant if it is satisfied the application meets the conditions in the rules: notice was properly given, the materials are in order, the fees are paid, and there’s no outstanding notice of dispute. If it isn’t satisfied, the registrar must tell the applicant in writing what the defect is, what question prevents approval, or what further information is needed. This is often called a requisition or a rejection. It isn’t a final refusal. The applicant can file further material to fix the problem, amend the application (showing changes as struck out and underlined), or apply to a judge or associate judge for an order. Most returned applications are fixed with a supplementary affidavit or corrected form.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, fixes returned probate applications, including ones people started themselves; this guide is by Sundeep S. Grewal.
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Common causes
| Problem | Usual fix |
|---|---|
| Filed less than 21 days after notice | Withdraw (Form P44) and refile, or get an order shortening the period |
| Someone entitled to notice wasn’t listed or served | Deliver notice and a further Form P9, or get an order dispensing with notice |
| The will looks altered, has erasures or a missing attachment, or a page seems to be missing | File the missing document, or an affidavit explaining the circumstances (Rule 25-3(22)) |
| The will refers to another document | File the document, or an affidavit explaining why not (Rule 25-3(23)) |
| Errors in the P2 submission or affidavits | Amend under Rule 25-3.1, with an affidavit if the P2 changes |
| Fees not paid, or Public Guardian and Trustee comments not received | Pay; deliver material to the PGT and wait for comments |
If an issue about the will’s appearance raises a question about what is or isn’t part of the will, the registrar must refer it to a judge or associate judge (Rule 25-3(24)).
How to respond
- Read the notice carefully: it should list each defect or requirement.
- File further information or material that addresses each point (Rule 25-4(6)(a)).
- Amend where needed: show deleted words struck out and new words underlined, with the date the original was filed (Rule 25-3.1).
- Or apply to the court under Rule 25-9. It isn’t an appeal; the court can approve the application or give directions.
Withdrawing and starting again
An application can be withdrawn at any time before the grant by filing Form P44 and delivering it to everyone entitled to notice (Rule 25-3.2). That is sometimes simpler where the notice was wrong from the start.
How long it adds
Every return adds time, because the file goes back into the queue. Getting the application right the first time is the best way to avoid delay. See how long probate takes and the documents needed.
Mistakes I have seen
- Fixing one point in the notice and ignoring the others, so it comes back again.
- Re-swearing a whole affidavit with new errors in it, when a short supplementary affidavit would do.
- Not checking the will for staple holes, erasures or handwritten changes before filing.
Frequently asked questions
Does a rejection mean I can’t get probate?
No. It means the registry needs something more. Most are fixed by filing further material.
How will the registry tell me?
By “any convenient means”, including mail, fax or email to the address in your submission (Rule 25-4(5)).
Do I have to send new notices?
Only if the problem was with notice, or you withdraw and restart.
What should I do right now?
List each point in the registry’s notice and the document that answers it, before filing anything.
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Sources
- Supreme Court Civil Rules, Part 25 (Rules 25-3, 25-3.1, 25-3.2, 25-4, 25-9), BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §§5.14, 5.48–5.52
This article is general information about BC law, not legal advice for your situation.