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 (s. 121), the Supreme Court Civil Rules (Rule 25-2) and the court decisions cited below checked that day.
The notice: Form P1, with a copy of the will, delivered to everyone entitled to notice.
The wait: at least 21 days after delivery before you file (Rule 25-2).
Delivery: ordinary mail counts on the day it’s mailed; email counts only if the person acknowledges receipt in writing.
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.
Before applying for probate or administration in BC, the applicant must deliver a notice of the proposed application, Form P1, to everyone the rules say is entitled to it, and then wait at least 21 days before filing. If there’s a will, a copy goes with the notice. The list is wider than many people expect: beneficiaries, any other named executors, and everyone who would inherit if there were no will, even when there is a will. Notice by ordinary mail counts as delivered on the day it’s mailed; email counts only if the recipient acknowledges receipt in writing. The notice matters: if someone entitled to it is missed, the grant can later be set aside, and the 180-day deadline for a wills variation claim may not start running against them.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, prepares probate notices and applications; this guide is by Sundeep S. Grewal.
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Who gets notice
- Any named executor or alternate executor with a prior or equal right to apply.
- Every beneficiary under the will.
- Everyone who would inherit on an intestacy, even if there is a will.
- If the deceased died without a will, a creditor whose claim exceeds $10,000.
- The Attorney General where the government may be entitled, or a charity beneficiary is unclear or no longer exists.
- The Nisga’a Lisims government or a treaty first nation, where applicable.
- The Public Guardian and Trustee for certain minors and mentally incompetent persons.
If there is doubt whether someone is a spouse or a child, the safer course is to give them notice.
How to deliver
| Method | When it counts as delivered |
|---|---|
| Ordinary mail to the person’s mailing address | The day it is mailed (deposited with Canada Post) |
| Email, fax or other electronic means to an address the person gave | The day it is sent, but only if the person acknowledges receipt in writing |
Special rules apply to minors (usually the parents, and sometimes the Public Guardian and Trustee), mentally incompetent persons (their committee and the Public Guardian and Trustee), and people who have died since the deceased (their personal representative). You then swear an affidavit of delivery, Form P9.
The 21-day wait
You must not file until at least 21 days after delivery. If you file early, you need to withdraw the application (Form P44) and refile, or get a court order shortening or dispensing with the notice period.
If someone is missed
An applicant must make reasonable efforts to find everyone entitled to notice (WESA s. 121(2)). Failing to give notice can be grounds to set the grant aside (Desbiens v. Smith, 2010 BCCA 394). In one case discussed in the CLE manual, notice was mailed to a family mailbox in BC when the executor knew his brother lived in Mexico; the grant was revoked and the brother’s wills variation claim was allowed to proceed (Gill v. Gill, 2024 BCSC 526, affirmed 2025 BCCA 86). If someone can’t be found, see missing beneficiaries.
Mistakes I have seen
- Leaving out intestate heirs because “there’s a will”.
- Emailing the notice without getting written acknowledgment.
- Filing on day 20.
Frequently asked questions
Do I have to send a copy of the will?
Yes, a copy of the will must go with the P1 notice.
Does the 21 days start when they receive it?
For ordinary mail, it runs from the day it’s mailed, which counts as delivery.
What can a person who gets notice do?
They can get advice, and someone with an interest can file a notice of dispute. A spouse or child may consider a wills variation claim once the grant issues.
What should I do right now?
List everyone who might be entitled to notice, with current addresses, and diarize the 21-day date before preparing the application.
Book a consultation with our probate lawyers in Surrey, Abbotsford or Vancouver. See also how to apply for probate.
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Sources
- Wills, Estates and Succession Act (s. 121), BC Laws
- Supreme Court Civil Rules, Part 25 (Rule 25-2; Forms P1, P9, P44), BC Laws
- Desbiens v. Smith, 2010 BCCA 394; Gill v. Gill, 2024 BCSC 526, affirmed 2025 BCCA 86, as discussed in CLE BC, Probate and Estate Administration Practice Manual, §§3.56–3.69, 5.14
This article is general information about BC law, not legal advice for your situation.