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 Wills, Estates and Succession Act (ss. 121, 147), the Trustee Act (ss. 39, 40) and the court decisions cited below checked that day.
First: make reasonable efforts to find them, and record what you did. An executor who does is protected (WESA s. 121(2)).
For notice: if someone can’t be found, apply to the court to dispense with notice to them.
At distribution: ask the court for an order to distribute, and pay the missing person’s share into court (Trustee Act ss. 39, 40).
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.
When a beneficiary named in a will, or an heir entitled where there’s no will, can’t be found, the executor can’t simply leave them out. BC law requires the applicant for probate to make reasonable efforts to discover the existence, identity and whereabouts of everyone entitled to notice. An executor who makes those efforts and still can’t find someone isn’t liable for not giving notice. If a person still can’t be located, the usual approach is to ask the court to dispense with notice to them, and later, at distribution, to get an order allowing the estate to be distributed with the missing person’s share paid into court. Where there are reasonable grounds to believe the person has died, a court can make an order presuming death.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, handles estates where beneficiaries or heirs can’t be found; this guide is by Sundeep S. Grewal.
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The steps
- Search, and keep a record: last known addresses, family members, social media, former employers. The extent of the search depends on the circumstances.
- Notice: if you can’t find a person entitled to notice of the probate application, apply under Rule 25-2(14) to dispense with notice, describing your efforts.
- Specific gifts: if the beneficiary of a specific item can’t be found 12 months after the grant, the executor can sell it, deduct costs, and pay the net proceeds into court (WESA s. 147).
- Distribution: apply for an order under ss. 39 and 40 of the Trustee Act to distribute the estate, paying the missing person’s share into court. The court’s receipt is a sufficient discharge for that share.
- If the person may be dead: apply for an order under the Presumption of Death Act.
What counts as “reasonable efforts”?
It depends on what the applicant knows. In one case discussed in the CLE manual, an executor mailed notice to a family mailbox in BC, knowing his brother lived in Mexico, without telling the brother. The court held that wasn’t reasonable effort and revoked the grant, so the brother’s wills variation claim was in time (Gill v. Gill, 2024 BCSC 526, affirmed 2025 BCCA 86). See the P1 notice and the 21-day wait.
Presumption of death
Where a person is missing and there are reasonable grounds to suppose they are dead, the court can order that they are presumed dead, for all purposes or only those specified. The court looks at age and health, the circumstances of the disappearance, likely contact with relatives, and the search efforts (Re Burgess, 2004 BCSC 62). If the evidence isn’t enough but there is an asset losing value, a curator can be appointed under the Estates of Missing Persons Act.
Unknown members of a class
Where a will leaves property to a class, such as “my nieces and nephews”, and the executor can’t be sure everyone has been found, a Trustee Act s. 39 order lets the executor distribute to those found, after reasonable efforts.
Mistakes I have seen
- Leaving an estranged child off the notice list because “no one knows where he is”.
- Distributing the missing person’s share among the others without a court order.
- Not keeping a record of the search, then being unable to show reasonable efforts.
Frequently asked questions
What happens to a missing beneficiary’s share?
Usually it is paid into court under a Trustee Act order, where it can be claimed later.
How long do I have to search?
There is no fixed time. The search must be reasonable in the circumstances.
Can I hire a heir-search firm?
You can. Their report can help show reasonable efforts. Check what they charge and how.
What should I do right now?
Write down everything you know about the missing person and every step you take to find them, with dates.
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Sources
- Wills, Estates and Succession Act (ss. 121, 147), BC Laws
- Trustee Act, R.S.B.C. 1996, c. 464, ss. 39, 40, BC Laws
- Gill v. Gill, 2024 BCSC 526, affirmed 2025 BCCA 86; Re Burgess, 2004 BCSC 62, as discussed in CLE BC, Probate and Estate Administration Practice Manual, §§1.101, 3.60, 3.62, 10.13, 10.14, 15.37
This article is general information about BC law, not legal advice for your situation.