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| B.C. Reg. 168/2009 O.C. 302/2009 | Deposited July 7, 2009 effective July 1, 2010 |
See “Amendments Not in Force” for amendments
effective after November 26, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time
Court Rules Act
Supreme Court Civil Rules
[Last amended September 9, 2024 by B.C. Reg. 165/2024 and includes amendments by B.C. Reg. 166/2024]
Appendix A.1 — List of Probate Forms
[en. B.C. Reg. 149/2013, Sch. 1, s. 16.]
Form P1 — Notice of Proposed Application in Relation to Estate [am. B.C. Regs. 44/2014, Sch. 1, s. 15; 250/2021, s. 18.]
Form P2 — Submission for Estate Grant [am. B.C. Regs. 44/2014, Sch. 1, s. 16; 103/2015, s. 11; 115/2019, s. 12; 250/2021, s. 19; 8/2022, s. (a); 148/2022, s. 2; 87/2023, s. 2.]
Form P3 — Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed (Short Form) [en. B.C. Reg. 148/2022, s. 3.]
Form P4 — Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed (Long Form) [am. B.C. Regs. 44/2014, Sch. 1, s. 18; 103/2015, s. 13; 115/2019, s. 13; 250/2021, s. 21; 148/2022, s. 4.]
Form P5 — Affidavit of Applicant for Grant of Administration without Will Annexed [en. B.C. Reg. 148/2022, s. 3; am. B.C. Reg. 28/2024, Sch. A, s. 51.]
Form P6 — Affidavit of Applicant for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed [am. B.C. Regs. 44/2014, Sch. 1, s. 20; 103/2015, s. 15; 148/2022, s. 5; 28/2024, Sch. A, s. 51.]
Form P7 — Affidavit of Applicant for Ancillary Grant of Administration without Will Annexed [am. B.C. Regs. 44/2014, Sch. 1, s. 21; 148/2022, s. 5; 28/2024, Sch. A, s. 51.]
Form P8 — Affidavit in Support of Application for Estate Grant [am. B.C. Reg. 44/2014, Sch. 1, s. 22.]
Form P9 — Affidavit of Delivery [am. B.C. Regs. 44/2014, Sch. 1, s. 23; 103/2015, s. 16; 115/2019, s. 15; 250/2021, s. 23; 148/2022, s. 6; 28/2024, Sch. A, s. 52.]
Form P10 — Affidavit of Assets and Liabilities for Domiciled Estate Grant [am. B.C. Regs. 44/2014, Sch. 1, s. 24; 103/2015, s. 17; 250/2021, s. 24; 8/2022, s. (b); 148/2022, ss. 7 and 8.]
Form P11 — Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant [am. B.C. Regs. 44/2014, Sch. 1, s. 25; 250/2021, s. 25; 8/2022, s. (c); 148/2022, ss. 7 and 9.]
Form P12 — Affidavit of Translator
Form P13 — Direction of Public Guardian and Trustee [am. B.C. Reg. 44/2014, Sch. 1, s. 26.]
Form P14 — Supplemental Affidavit of Assets and Liabilities for Domiciled Estate Grant [am. B.C. Regs. 44/2014, Sch. 1, s. 27; 103/2015, s. 18; 250/2021, s. 26; 8/2022, s. (c); 148/2022, ss. 7 and 10.]
Form P15 — Supplemental Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant [am. B.C. Regs. 44/2014, Sch. 1, s. 28; 103/2015, s. 19; 250/2021, s. 27; 8/2022, s. (b); 148/2022, ss. 7 and 10.]
Form P16 — Affidavit of Interlineation, Erasure, Obliteration or Other Alteration [am. B.C. Reg. 44/2014, Sch. 1, s. 29.]
Form P17 — Notice of Renunciation
Form P18 — Authorization to Obtain Estate Information [am. B.C. Reg. 44/2014, Sch. 1, s. 30.]
Form P19 — In Probate [am. B.C. Regs. 44/2014, Sch. 1, s. 31; 103/2015, s. 20.]
Form P20 — Correction Record [am. B.C. Reg. 103/2015, s. 21.]
Form P20.1 — Correction Record for Style of Proceeding [en. B.C. Reg. 115/2019, s. 16.]
Form P21 — Submission for Resealing [am. B.C. Regs. 44/2014, Sch. 1, s. 32; 103/2015, s. 22; 115/2019, s. 17; 250/2021, s. 28; 8/2022, s. (a); 148/2022, s. 11; 87/2023, s. 3.]
Form P22 — Affidavit of Applicant for Resealing of Grant of Probate or Grant of Administration with Will Annexed [am. B.C. Regs. 44/2014, Sch. 1, s. 33; 250/2021, s. 29; 148/2022, s. 12.]
Form P23 — Affidavit of Applicant for Resealing of Grant of Administration without Will Annexed [am. B.C. Regs. 44/2014, Sch. 1, s. 34; 250/2021, s. 30; 148/2022, s. 12.]
Form P24 — Affidavit in Support of Application for Resealing
Form P25 — Affidavit of Assets and Liabilities for Resealing [am. B.C. Regs. 44/2014, Sch. 1, s. 35; 250/2021, s. 31; 148/2022, s. 7.]
Form P26 — Supplemental Affidavit of Assets and Liabilities for Resealing [am. B.C. Regs. 44/2014, Sch. 1, s. 36; 250/2021, s. 32; 148/2022, ss. 7 and 10.]
Form P27 — Authorization to Obtain Resealing Information [am. B.C. Reg. 44/2014, Sch. 1, s. 37.]
Form P28 — In Probate [am. B.C. Reg. 44/2014, Sch. 1, s. 38.]
Form P29 — Notice of Dispute [am. B.C. Reg. 148/2022, s. 13.]
Form P30 — Withdrawal of Notice of Dispute [am. B.C. Reg. 44/2014, Sch. 1, s. 39.]
Form P31 — Order for Removal of Notice of Dispute [am. B.C. Regs. 44/2014, Sch. 1, s. 40; 277/2023, Sch. 1, s. 5 (a).]
Form P32 — Citation [am. B.C. Reg. 44/2014, Sch. 1, s. 41.]
Form P34 — Affidavit of Deemed Renunciation [am. B.C. Reg. 44/2014, Sch. 1, s. 42.]
Form P35 — Requisition for Subpoena [am. B.C. Reg. 44/2014, Sch. 1, s. 43.]
Form P36 — Warrant After Subpoena [am. B.C. Reg. 28/2024, Sch. A, s. 53.]
Form P38 — Affidavit in Support of Application to Pass Accounts
Form P40 — Statement of Account Affidavit [am. B.C. Reg. 44/2014, Sch. 1, s. 44.]
Form P41 — Requisition — Estates [am. B.C. Reg. 44/2014, Sch. 1, s. 45.]
Form P42 — Notice of Application (Spousal Home or Deficiencies in Will) [am. B.C. Regs. 44/2014, Sch. 1, s. 46; 239/2023, Sch. 1, s. 17; 277/2023, Sch. 1, s. 5 (b) and Sch. 3, ss. 1 and 5.]
Form P43 — Petition to the Court — Estate Proceedings [en. B.C. Reg. 115/2019, s. 18; am. B.C. Regs. 239/2023, Sch. 1, s. 18; 277/2023, Sch. 1, s. 5 (b).]
Form P44 — Notice of Withdrawal of Application [en. B.C. Reg. 250/2021, s. 33.]
Form P45 — Affidavit of Electronic Will [en. B.C. Reg. 250/2021, s. 33; am. B.C. Reg. 148/2022, s. 14.]
Form P46 — Demand for Electronic Will [en. B.C. Reg. 250/2021, s. 33.]
Appendix A.1 — Probate Forms
NOTICE OF PROPOSED APPLICATION IN RELATION TO ESTATE
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
TAKE NOTICE THAT:
The applicant(s) .............................[name of applicant(s)].................................. propose(s) to apply, in the .....[location]..... court registry, for................[*In accordance with the italicized note below, select whichever one of the following 7 choices is correct: a grant of probate/a grant of administration with will annexed/a grant of administration without will annexed/an ancillary grant of probate/an ancillary grant of administration with will annexed/an ancillary grant of administration without will annexed/the resealing of a foreign grant]............................................ in relation to the estate of the deceased described below who died on ............[date of death — dd/mmm/yyyy]............. .
Full legal name of deceased: .........................................................................................................
[first name] [middle name(s)] [last name/family name]
Last residential address of the deceased: [Include street number or post office box, city/town, province, country and postal code.] ...............................................................................................................................
[Check whichever one of the immediately following 4 boxes is correct.]
[ ] This application does not relate to a will or a foreign grant.
[ ] This application relates to the physical will of the deceased dated ............[dd/mmm/yyyy]............., a copy of which will is provided with this notice.
[An electronic will is a will that has been signed, and is being stored, electronically.]
[ ] This application relates to the electronic will of the deceased dated ............[dd/mmm/yyyy]............., a copy of which will is provided with this notice. You are entitled to the will or access on demand to the will in its original electronic form, using Form P46.
[ ] This application is to reseal a foreign grant or for an ancillary grant and a copy of the foreign grant is provided with this notice. If the foreign grant relates to the will of the deceased, and that will does not form part of the foreign grant, a copy of the will is provided with this notice. In addition, if the grant relates to the electronic will of the deceased, you are entitled to the will or access on demand to the will in its original electronic form, using Form P46.
* [Select
"grant of probate" if there is a will and the applicant is named as executor or alternate executor in the will
"grant of administration with will annexed" if there is a will and the applicant is not named as executor or alternate executor in the will
"grant of administration without will annexed" if there is no will
"ancillary grant of probate" if a grant of probate or equivalent grant was obtained in relation to the deceased in a jurisdiction other than a jurisdiction prescribed for the purposes of section 138 of the Wills, Estates and Succession Act
"ancillary grant of administration with will annexed" if a grant of administration with will annexed or equivalent grant was obtained in relation to the deceased in a jurisdiction other than a jurisdiction prescribed for the purposes of section 138 of the Wills, Estates and Succession Act
"ancillary grant of administration without will annexed" if a grant of administration without will annexed or equivalent grant was obtained in relation to the deceased in a jurisdiction other than a jurisdiction prescribed for the purposes of section 138 of the Wills, Estates and Succession Act
"the resealing of a foreign grant" if a grant of probate or equivalent, or a grant of administration or equivalent, was obtained in relation to the estate of the deceased in a jurisdiction prescribed for the purposes of section 138 of the Wills, Estates and Succession Act.]
AND TAKE NOTICE THAT:
(1) Before obtaining the foregoing grant or resealing, the applicant may be granted an authorization to obtain estate information or an authorization to obtain resealing information, as the case may be, in relation to that grant or resealing for the purposes of obtaining financial information in relation to the grant or resealing.
(2) You have a right to oppose, by filing a notice of dispute in accordance with Rule 25-10 (1),
(a) if the intended application is for an estate grant, the granting of either or both of an authorization to obtain estate information and the estate grant, or
(b) if the intended application is for a resealing, the granting of either or both of an authorization to obtain resealing information and the resealing.
(3) You 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.
(4) If you choose to take a step referred to in paragraph (2) or (3), you must do so within the time limited by any relevant rule of court or other enactment.
(5) You may consult with your own lawyer concerning your interest in, or rights against, the estate.
(6) After the applicant has filed a submission for estate grant or submission for resealing, you may apply for an order requiring the applicant to provide security unless the applicant is the Public Guardian and Trustee. Filing a notice of dispute will prevent a grant from being issued before you are able to apply for the order requiring security.
(7) An authorization to obtain estate information, an authorization to obtain resealing information or a grant may issue to the applicant, or a foreign grant may be resealed, on any date that is at least 21 days after the date on which this notice is delivered to you or on any earlier date ordered by the court.
(8) If an authorization to obtain estate information issues to the applicant, the applicant may apply for a grant without further notice. If an authorization to obtain resealing information issues to the applicant, the applicant may apply for the resealing of the foreign grant without further notice to you.
(9) If a grant issues to the applicant, the 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 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.
[If this notice of proposed application is required to be delivered to the Public Guardian and Trustee under Rule 25-2, ensure all additional information required under Rule 25-2 (13) is provided to the Public Guardian and Trustee.]
[A copy of the deceased's will, if any, identified above, must be delivered with this notice if the application is for a grant of probate or a grant of administration with will annexed. A copy of the foreign grant, and, if a copy of the will is not attached to the foreign grant, a copy of the will, must be delivered with this notice if the application is for a resealing of a foreign grant or for an ancillary grant of probate or an ancillary grant of administration with will annexed. Note that a reference to "will" includes all documents that are included within the definition of "will" in the Wills, Estates and Succession Act.]
INFORMATION ABOUT EACH APPLICANT
[Complete the following for each applicant. Add additional sheets as required.]
Name: ...............................................................................................................
[first name] [middle name(s)] [last name/family name]
Mailing address: [Include street number or post office box, city/town, province, country and postal code.]
......................................................................................................................................................................
......................................................................................................................................................................
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] This applicant is not an individual
[ ] This applicant is an individual and ordinarily lives
[If you checked the second of the immediately preceding 2 boxes, check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] at the mailing address noted above
[ ] in the following city and country: ............................................................................................
ADDRESS FOR SERVICE OF APPLICANT(S)
[Check whichever one of the immediately following 2 boxes is correct and provide any required information. If there are 2 or more applicants, they must share the same address(es) for service.]
[ ] The applicant's(s') address for service is the mailing address noted above.
[ ] The applicant's(s') address for service is
[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Street address for service: .......................................................................................................
Fax number address for service (if any): ..............................
E-mail address for service (if any): ......................................
Telephone number: ...............................................................
| Date: .................[dd/mmm/yyyy]................... | ....................................................................... |
| Signature of [ ] applicant [ ] lawyer for applicant(s) | |
| ......................[type or print name].......................... |
No. .....................
................................. Registry
In the Supreme Court of British Columbia
In the Matter of the Estate of ......................[legal name of deceased]............................., deceased
SUBMISSION FOR ESTATE GRANT
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
This submission for estate grant is submitted by/on behalf of: ...................[name(s) of applicant(s)]..........................
I am/We are/I, ....[name of lawyer for applicant(s)]...., am applying for the following in relation to the estate of the deceased described in Part 1 of this submission for estate grant (the "deceased"):
[Check whichever one of the immediately following 5 boxes is correct and complete and attach the required schedule.]
[ ] Grant of probate [Complete and attach the Schedule for Grant of Probate or Grant of Administration with Will Annexed.]
[ ] Grant of administration with will annexed [Complete and attach the Schedule for Grant of Probate or Grant of Administration with Will Annexed.]
[ ] Grant of administration without will annexed [Complete and attach the Schedule for Grant of Administration without Will Annexed.]
[ ] Ancillary grant of probate or ancillary grant of administration with will annexed [Complete and attach the Schedule for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed.]
[ ] Ancillary grant of administration without will annexed [Complete and attach the Schedule for Ancillary Grant of Administration without Will Annexed.]
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am/We are submitting with this submission for estate grant an affidavit of assets and liabilities in Form P10 or P11 and therefore do not require an authorization to obtain estate information.
[ ] I am/We are seeking an authorization to obtain estate information so that I/we can secure the information necessary to prepare and submit an affidavit of assets and liabilities for estate grant.
[Indicate how many court certified copies of the estate grant/authorization to obtain estate information you require.]
[ ] I/we request ...[number of copies]... certified copy(ies) of the estate grant.
[ ] I/we request ...[number of copies]... certified copy(ies) of the authorization to obtain estate information.
[ ] I/We request ...[number of copies]... certified copy(ies) of the affidavit of assets and liabilities for domiciled estate grant.
[ ] I/We request ...[number of copies]... certified copy(ies) of the affidavit of assets and liabilities for non-domiciled estate grant.
This submission for estate grant has 4 Parts:
Part 1 — Information about the Deceased
Part 2 — Contact Information for the Applicant(s)
Part 3 — Documents filed with this submission for estate grant
Part 4 — Schedule
| Date: .................[dd/mmm/yyyy]................... | ....................................................................... |
| Signature of [ ] applicant [ ] lawyer for applicant(s) | |
| ......................[type or print name].......................... |
PART 1 — INFORMATION ABOUT THE DECEASED
Full legal name of deceased:
| ...................................... | ...................................... | ..................................... |
| [first name] | [middle name(s)] | [last name/family name] |
Other names in which the deceased held or may have held an interest in property:
1
2
3 etc.
Last residential address of the deceased:
Street number and street name: ................................................................................................
[OR]
Post office box: ........................................................................
City/Town: ...............................................................................
Province: .............................................
Country: ..............................................
Postal Code: ........................................
Deceased's date of death: ........[dd/mmm/yyyy]........
[Check whichever one of the immediately following 3 boxes is correct and provide any required information.]
[ ] The deceased was neither a Nisg̱a'a citizen nor a member of a treaty first nation.
[ ] The deceased was a Nisg̱a'a citizen.
[ ] The deceased was a member of the ......................[name]....................... treaty first nation.
PART 2 — CONTACT INFORMATION FOR THE APPLICANT(S)
[You must set out the street address of the address for service. This may be your lawyer's office if you are represented by a lawyer. One or both of a fax number and an e-mail address may be given as additional addresses for service. If there is more than one applicant, all applicants must share the same address(es) for service.]
Street address for service: .....................................................................
Fax number address for service (if any): ..............................................
E-mail address for service (if any): .......................................................
Telephone number: ...............................................................................
PART 3 — DOCUMENTS FILED WITH THIS SUBMISSION FOR ESTATE GRANT
1 [Check whichever one of the immediately following 3 boxes is correct and file the specified affidavit(s).]
[ ] There is one applicant to this submission for estate grant and a ..... [Select whichever one of the following 5 choices is correct: P3/P4/P5/P6/P7] ... affidavit is filed with this submission for estate grant.
[ ] There are 2 or more applicants to this submission for estate grant and a joint ..... [Select whichever one of the following 5 choices is correct: P3/P4/P5/P6/P7]... affidavit on behalf of all applicants is filed with this submission for estate grant.
[ ] There are 2 or more applicants to this submission for estate grant and a ..... [Select whichever one of the following 5 choices is correct: P3/P4/P5/P6/P7]... affidavit is filed with this submission for estate grant and [indicate number] affidavit(s) in Form P8 is/are filed with this submission for estate grant.
2 [Check the box for whichever one of the immediately following section 2's is correct and provide any required information.]
[ ] Filed with this submission for estate grant is/are the following Affidavit(s) of Delivery in Form P9 that confirms/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:
Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........
Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........
Affidavit of .......[name]......... sworn ........[dd/mmm/yyyy].........
[ ] No affidavit of delivery is attached. In accordance with Rule 25-2, no one, other than the applicant(s), is entitled to notice.
3 Filed with this submission for estate grant are 2 copies of the certificate of 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.
4 [Check whichever one of the immediately following 5 boxes is correct, provide any required information and file any specified documents.]
[ ] This application is for a grant of probate, or a grant of administration with will annexed, in relation to the will of the deceased dated .......[dd/mmm/yyyy]......., and filed with this submission for estate grant is the originally signed version of the will and 2 copies of the will.
[ ] This application is for a grant of probate, or a grant of administration with will annexed, in relation to the will of the deceased dated .......[dd/mmm/yyyy]......., and, because the originally signed version of the will is not available, filed with this submission for estate grant are 3 copies of the will.
[ ] This application is for a grant of administration without will annexed.
[ ] This application is for an ancillary grant of probate, or an ancillary grant of administration with will annexed, in relation to the grant issued by the ..........[name of issuing court].......... of ....[province or country of issuing court].... on .....[dd/mmm/yyyy].... (the "foreign grant"), which grant was issued in relation to the will of the deceased dated .......[dd/mmm/yyyy]......., and filed with this submission for estate grant is a copy of the following, each of which is certified by the court out of which probate or administration with will annexed has been granted:
(a) the foreign grant;
(b) if a copy of the will to which the foreign grant relates is not attached to the foreign grant, a copy of the will.
[ ] This application is for an ancillary grant of administration without will annexed in relation to the grant issued by the ..........[name of issuing court].......... of ..........[province or country of issuing court].......... on .....[dd/mmm/yyyy]..... (the "foreign grant"), and filed with this submission for estate grant is a copy of the foreign grant certified by the court out of which administration without will annexed has been granted.
[Check the box for whichever one of the immediately following section 5's is correct and provide any required information.]
5 [ ] This application is for a grant of probate or a grant of administration with will annexed and there are no orders affecting the validity or content of the will referred to in section 4.
5 [ ] This application is for a grant of probate or a grant of administration with will annexed and the following order(s) affect(s) the validity or content of the will referred to in section 4:
[If you checked the immediately preceding box, describe any applicable orders, indicate if they have been filed in this proceeding and file any described orders that have not yet been filed in this proceeding.]
1 Order dated ....[dd/mmm/yyyy].....
[ ] This order has been filed in this proceeding
[ ] This order has not yet been filed in this proceeding and I am/we are therefore filing a copy of the order with this submission for estate grant
2 Order dated ....[dd/mmm/yyyy].....
[ ] This order has been filed in this proceeding
[ ] This order has not yet been filed in this proceeding and I am/we are therefore filing a copy of the order with this submission for estate grant
3 etc.
5 [ ] This application is for an ancillary grant of probate or an ancillary grant of administration with will annexed and there are no orders affecting the validity or content of the will referred to in section 4.
5 [ ] This application is for an ancillary grant of probate or an ancillary grant of administration with will annexed and the following order(s) affect(s) the validity or content of the will referred to in section 4:
[If you checked the immediately preceding box, describe any applicable orders, indicate if they have been filed in this proceeding and file any described orders that have not yet been filed in this proceeding.]
1 Order dated ....[dd/mmm/yyyy].....
[ ] This order has been filed in this proceeding
[ ] This order has not yet been filed in this proceeding and I am/we are therefore filing a copy of the order with this submission for estate grant
2 Order dated ....[dd/mmm/yyyy].....
[ ] This order has been filed in this proceeding
[ ] This order has not yet been filed in this proceeding and I am/we are therefore filing a copy of the order with this submission for estate grant
3 etc.
5 [ ] This application is for a grant of administration without will annexed or an ancillary grant of administration without will annexed.
6 [Check whichever one or more of the immediately following 5 boxes is correct and provide any required information.]
[ ] This 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 and the will referred to in section 4 does not refer to any documents or refers only to documents attached to the will.
[ ] This 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 and filed with this submission for estate grant is/are the following document(s), which document(s) is/are all of the documents referred to in, but not attached to, the will referred to in section 4:
1
2
3 etc.
[ ] This application is for a grant of administration without will annexed or an ancillary grant of administration without will annexed.
[ ] The will refers to one or more documents not attached to the will that cannot be obtained by the applicant(s).
[ ] The will refers to one or more of the following documents not attached to the will that are not filed because the document mentioned in the will is not testamentary:
1 [Enter document name and briefly state why the document is not testamentary, for example, not witnessed or not related to the disposition of the deceased's estate.]
2
3 etc.
7 [Check whichever one of the immediately following 2 boxes is correct and describe and file any specified documents.]
[ ] No documents other than those described elsewhere in this submission for estate grant are filed with this submission for estate grant.
[ ] In addition to the documents described elsewhere in this submission for estate grant, the following documents are filed with this submission for estate grant:
1
2
3 etc.
8 [Check whichever one of the immediately following 2 boxes is correct, provide any required information and file any specified documents.]
[ ] All documents filed with this submission for estate grant are written in the English language.
[ ] Filed with this submission for estate grant is an affidavit of translator in Form P12 of .................................[name]............................., who translated the .........................[identify document]........................ filed with this submission for estate grant.
PART 4 — SCHEDULE
1 [Check whichever one of the immediately following 4 boxes is correct and attach the specified Schedule.]
[ ] Attached to this submission for estate grant is a Schedule for Grant of Probate or Grant of Administration with Will Annexed.
[ ] Attached to this submission for estate grant is a Schedule for Grant of Administration without Will Annexed.
[ ] Attached to this submission for estate grant is a Schedule for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed.
[ ] Attached to this submission for estate grant is a Schedule for Ancillary Grant of Administration without Will Annexed.
[This Schedule is to be completed and attached to the submission for estate grant only if the application is for a grant of probate or a grant of administration with will annexed.]
Schedule for Grant of Probate or Grant of Administration with Will Annexed
1 [Indicate if there is any person, other than the applicant, who meets all of the following criteria and therefore is an executor whose right should be reserved on the grant.]
Criteria
(a) the person is named in the will as executor or alternate executor;
(b) the person is a co-executor with the applicant(s) (i.e. has a right to make an application for an estate grant that is equal to the applicant's(s') right to make that application);
(c) the person has not renounced executorship;
(d) the person is alive at the date of this submission for estate grant;
(e) the person has not become incapable of managing the person's affairs.
[ ] There is no person who meets all of the foregoing criteria.
[ ] The following person(s) meet(s) all of the foregoing criteria:
1
2
3 etc.
2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:
[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.]
[List each named person on a separate line. Do not leave any paragraph blank or indicate "Not applicable"; clearly state why a paragraph does not apply.]
[A person who does not survive a deceased person by 5 days, or a longer period provided in an instrument, is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, or longer if required by the will, for the purposes of this Form, the person is referred to as "surviving".]
(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently surviving spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:
(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: surviving child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who did not survive the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:
(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b) [List each surviving beneficiary and all beneficiaries who did not survive the deceased in this application and indicate "(surviving)" or "(deceased)", as applicable.]:
(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c) [List all surviving persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:
(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:
[Include the following section if applicable]
3 The Attorney General has received notice because the government is entitled to all or part of the estate of the deceased.
[This Schedule is to be completed and attached to the submission for estate grant only if the application is for a grant of administration without will annexed.]
Schedule for Grant of Administration without Will Annexed
1 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:
[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.]
[List each named person on a separate line. Do not leave any paragraph blank or indicate "Not applicable"; clearly state why a paragraph does not apply.]
[A person who does not survive a deceased person by 5 days is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, for the purposes of this Form, the person is referred to as "surviving".]
(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently surviving spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:
(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: surviving child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who did not survive the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:
(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act] [List all surviving persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:
(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:
(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:
[Include the following section if applicable]
2 The Attorney General has received notice because the government is entitled to the estate of the deceased.
[This Schedule is to be completed and attached to the submission for estate grant only if the application is for an ancillary grant of probate or an ancillary grant of administration with will annexed.]
Schedule for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed
1 Each person to whom the foreign grant was issued is an applicant under this submission for estate grant or is represented by an attorney who is an applicant under this submission for estate grant.
2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:
[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.]
[List each named person on a separate line. Do not leave any paragraph blank or indicate "Not applicable"; clearly state why a paragraph does not apply.]
[A person who does not survive a deceased person by 5 days, or a longer period provided in an instrument, is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, or longer if required by the will, for the purposes of this Form, the person is referred to as "surviving".]
(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently surviving spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:
(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: surviving child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who did not survive the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:
(c) each person, if any, who is a beneficiary under the will and is not named in paragraph (a) or (b) [List each surviving beneficiary and all beneficiaries who did not survive the deceased in this application and indicate "(surviving)" or "(deceased)", as applicable.]:
(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c) [List all surviving persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:
(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:
[Include the following section if applicable]
3 The Attorney General has received notice because the government is entitled to all or part of the estate of the deceased.
[This Schedule is to be completed and attached to the submission for estate grant only if the application is for an ancillary grant of administration without will annexed.]
Schedule for Ancillary Grant of Administration without Will Annexed
1 Each person to whom the foreign grant was issued is an applicant under this submission for estate grant or is represented by an attorney who is an applicant under this submission for estate grant.
2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:
[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.]
[List each named person on a separate line. Do not leave any paragraph blank or indicate "Not applicable"; clearly state why a paragraph does not apply.]
[A person who does not survive a deceased person by 5 days is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, for the purposes of this Form, the person is referred to as "surviving".]
(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently surviving spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:
(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: surviving child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who did not survive the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:
(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act] [List all surviving persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:
(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:
(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:
[Include the following section if applicable]
3 The Attorney General has received notice because the government is entitled to the estate of the deceased.
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF APPLICANT FOR GRANT OF PROBATE OR GRANT OF ADMINISTRATION WITH WILL ANNEXED (SHORT FORM)
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, ................[name]................, of ...............[address]..............., .........[occupation]............, SWEAR (OR AFFIRM) THAT:
1 I am the applicant/one of the applicants referred to in the submission for estate grant in relation to the estate of ........................[legal name of deceased].................... (the "deceased") and in relation to the document that is identified in section 4 of Part 3 of the submission for estate grant as the will (the "will"), and am applying for:
[Check whichever one of the following 2 boxes is correct.]
[ ] a grant of probate.
[ ] a grant of administration with will annexed.
[Check the box for whichever one of the following section 2's is best and provide any required information. The first four section 2's provide a guided response for the most common situations and the last two section 2's provide a more flexible alternative.]
2 [ ] I am named as an executor or alternate executor as ....................[name as it appears in the will]....................... in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.
2 [ ] [name of organization] is named as an executor or alternate executor as ....................[name as it appears in the will]....................... in the will and the appointment of [name of organization] has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on the [name of organization]'s behalf as applicant.
[If you checked the immediately preceding boxes, check whichever one of the immediately following 3 boxes is correct and complete any required information.]
[ ] No other persons are named in the will as executor.
[ ] No other persons are named in the will as executor who are not parties to this application.
[ ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after that/those person('s/s') name(s):
[Complete the following for each named person.]
.......................[name].................... is not named as an applicant on the submission for estate grant because that person
[ ] has renounced executorship
[ ] is deceased
[ ] other .....................[briefly set out reason]......................
2 [ ] I am not named as an executor or alternate executor in the will, and am a person referred to in paragraph ....... of section 131 of the Wills, Estates and Succession Act.
2 [ ] [name of organization] is not named as an executor or alternate executor in the will, and [name of organization] is a beneficiary or nominee referred to in paragraph ....... of section 131 of the Wills, Estates and Succession Act. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on [name of organization]'s behalf as applicant.
2 [ ] My relationship to the deceased is .....[state your relationship]...
2 [ ] [name of organization]'s relationship to the deceased is .....[state the organization's relationship]. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on [name of organization]'s behalf as applicant.
3 [Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
[ ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
4 I am 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, both physical and electronic, where the deceased usually kept important documents and that no testamentary document that is dated later than the date of the will has been found.
5 I believe that the will is the last will of the deceased that deals with property in British Columbia.
6 I believe that the will complies with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act and
(a) I am not aware of there being any issues that would call into question the validity or contents of the will,
(b) I am not requesting that the will be recognized as a military will executed in accordance with the requirements of section 38 of the Wills, Estates and Succession Act,
(c) I am not aware of there being any interlineations, erasures or obliterations in, or other alterations to, the will, and
(d) I am not aware of there being any issues arising from the appearance of the will.
7 An originally signed version of the will is being filed with the submission for estate grant.
8 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 is filed with this application, and the certificate indicates that no testamentary document that is dated later than the date of the will has been found.
9 All documents referred to in the will are attached to the will.
10 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.
11 I will administer according to law all of the deceased's estate, I will prepare an accounting as to how the estate was administered and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
12 I am not aware of there being any application for a grant of probate or administration, or any grant of probate or administration, or equivalent, having been issued, in relation to the deceased, in British Columbia or in any other jurisdiction.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| ) | ||
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF APPLICANT FOR GRANT OF PROBATE OR GRANT OF ADMINISTRATION WITH WILL ANNEXED (LONG FORM)
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, ................[name]................, of ...............[address]..............., ............[occupation]..............., SWEAR (OR AFFIRM) THAT:
1 I am the applicant/one of the applicants referred to in the submission for estate grant in relation to the estate of ...........[legal name of deceased]........... (the "deceased") and in relation to the document that is identified in section 4 of Part 3 of the submission for estate grant as the will (the "will"), and am applying for:
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] a grant of probate.
[ ] a grant of administration with will annexed.
[Check the box for whichever one of the following section 2's is best and provide any required information. The first four section 2's provide a guided response for the most common situations and the last two section 2's provide a more flexible alternative.]
2 [ ] I am named as an executor or alternate executor as ....................[name as it appears in the will]....................... in the will and my appointment has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will.
2 [ ] [name of organization] is named as an executor or alternate executor as ....................[name as it appears in the will]....................... in the will and the appointment of [name of organization] has not been revoked under section 56 (2) of the Wills, Estates and Succession Act or by a codicil to the will. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on [name of organization]'s behalf as applicant.
[If you checked the immediately preceding boxes, check whichever one of the immediately following 3 boxes is correct and complete any required information.]
[ ] No other persons are named in the will as executor.
[ ] No other persons are named in the will as executor who are not parties to this application.
[ ] Other persons are named in the will as executor and, of those, the following person(s) is/are not named as an applicant on the submission for estate grant for the reason shown after that/those person('s/s') name(s):
[Complete the following for each named person.]
.......................[name].................... is not named as an applicant on the submission for estate grant because that person
[ ] has renounced executorship
[ ] is deceased
[ ] other .....................[briefly set out reason]...................... .
2 [ ] I am not named as an executor or alternate executor in the will, and am a person referred to in paragraph ....... of section 131 of the Wills, Estates and Succession Act.
2 [ ] [name of organization] is not named as an executor or alternate executor in the will, and [name of organization] is a beneficiary or nominee referred to in paragraph ....... of section 131 of the Wills, Estates and Succession Act. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on [name of organization]'s behalf as applicant.
2 [ ] My relationship to the deceased is .....[state your relationship]..... .
2 [ ] [name of organization]'s relationship to the deceased is .....[state the organization's relationship]. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on [name of organization]'s behalf as applicant.
3 [Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
[ ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
4 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 is filed with this application, and the certificate indicates that
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] no wills notice has been filed in relation to a testamentary document that is dated later than the date of the will included with this application.
[ ] no wills notice has been filed at all.
5 I am 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 both physical and electronic where the deceased usually kept important documents and
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] no testamentary document of the deceased dated later than the will has been found.
[ ] one or more testamentary documents dated later than the will have been found. A copy of the testamentary document(s) is attached as an exhibit to the affidavit. I believe that the later testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ..............[briefly state the reasons]..........................
6 [Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am not aware of there being any issues respecting execution of the will. [Go to section 7.]
[ ] I believe that the following issue(s) respecting execution apply(ies) to the will and I am not aware of there being any other issues respecting execution of the will:
[If you checked the second of the immediately preceding 2 boxes, complete each of the following paragraphs (a) to (d) as required.]
(a) Attestation Clause [the portion of the will that identifies the persons who signed the will as witnesses to the will-maker's signature]
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] None of this paragraph (a) applies to the will.
[ ] The will does not contain an attestation clause or contains an attestation clause that is not sufficient to show that the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act were met when the will was signed.
[If you checked the second of the immediately preceding 2 boxes, check whichever one of the immediately following 5 boxes is correct and provide any required information.]
[ ] pursuant to Rule 25-3 (15), submitted for filing with the submission for estate grant is an affidavit of ...................[name]..................... sworn ..........[dd/mmm/yyyy]........ who was a subscribing witness.
[ ] an affidavit from a subscribing witness cannot be obtained, and pursuant to Rule 25-3 (16) (a), submitted for filing with the submission for estate grant, is an affidavit of ..............................[name].................................... sworn ..............[dd/mmm/yyyy]............. who was a person present when the will was signed.
[ ] neither an affidavit from a subscribing witness nor an affidavit sworn by a person present when the will was signed can be obtained, and pursuant to Rule 25-3 (16) (b), submitted for filing with the submission for estate grant is/are the following affidavit(s) confirming the signatures of the will-maker and subscribing witnesses:
1 the affidavit of ..............[name]............... sworn .......[dd/mmm/yyyy].......
2 the affidavit of ..............[name]............... sworn .......[dd/mmm/yyyy].......
[ ] none of an affidavit from a subscribing witness, an affidavit sworn by a person present when the will was signed and an affidavit confirming the signatures of the will-maker and subscribing witnesses can be obtained, and pursuant to Rule 25-3 (16) (c), submitted for filing with the submission for estate grant, is an affidavit of ........................[name]........................... sworn ..........[dd/mmm/yyyy].......... which affidavit sets out circumstances intended to raise a presumption in favour of the proper execution of the will.
[ ] the will is valid as to the formal requirements for making the will and is admissible to probate under section 80 of the Wills, Estates and Succession Act, and submitted for filing with the submission for estate grant is/are the following affidavit(s) confirming that validity:
1 the affidavit of ..............[name]............... sworn .......[dd/mmm/yyyy].......
2 the affidavit of ..............[name]............... sworn .......[dd/mmm/yyyy].......
(b) Military Will
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] This paragraph (b) does not apply to the will.
[ ] I believe that the will was made by a person referred to in Rule 25-3 (17) and is in a form permitted by section 38 of the Wills, Estates and Succession Act, and attached as Exhibit ......... to this affidavit is ..............[describe nature of evidence attached].................. as evidence that the will-maker was authorized to make a will in that form at the time the will was made and that the will was executed in accordance with the requirements of section 38 of the Wills, Estates and Succession Act.
(c) Special circumstances
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] None of this paragraph (c) applies to the will.
[ ] I believe that at the time of the making of the will, the will-maker
[If you checked the second of the immediately preceding 2 boxes, check whichever one or more of the immediately following 5 boxes is correct.]
[ ] was blind
[ ] was illiterate
[ ] did not fully understand the language in which the will was written
[ ] signed by a means of a mark instead of handwritten words
[ ] directed another person to sign the will on behalf of the will-maker in the will-maker's presence
and
[If you checked one or more of the immediately preceding 5 boxes, check whichever one of the immediately following 3 boxes is correct and provide any required information.]
[ ] the attestation clause in the will indicates that the circumstance(s) referred to above applied to the will-maker at the time of the signing of the will.
[ ] the following affidavit(s) is/are submitted for filing with the submission for estate grant as evidence that the requirements of the Wills, Estates and Succession Act relating to the execution of the will were met and that the will-maker knew and approved of the content of the will:
1 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....
2 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....
[ ] the will is valid as to the formal requirements for making the will and is admissible to probate under section 80 of the Wills, Estates and Succession Act, and submitted for filing with the submission for estate grant is/are the following affidavit(s) confirming that validity:
1 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....
2 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....
(c.1) Copy of the Will
[Check whichever one of the immediately following 5 boxes is correct.]
[ ] The will being filed is the physical original.
[ ] The will being filed is a physical copy or PDF copy of a physical original. The applicant(s) cannot file the originally signed physical version of the will....[if you have first hand knowledge of the reason the original cannot be filed, enter that here]....[if you do not have direct knowledge of all reasons why the original cannot be attached, include the following text and affidavit]... . Submitted for filing with the submission for estate grant is an affidavit of ....[name]....sworn....[dd/mmm/yyyy]... explaining why a copy is available, but the original is not.
[ ] The will being filed is a PDF and the original electronic form of the will was a PDF.
[ ] The will being filed is a physical copy or PDF copy of an electronic original and, in addition, I am providing access information for a third-party electronic repository where the will in its original electronic form is stored ...[insert information about electronic repository, for example: URL, user ID, password, etc.].....
[ ] The will being filed is a physical copy or PDF copy of an electronic original. The applicant(s) cannot file the will in its original electronic form because:
[If you checked the immediately preceding box, check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] the will in its original electronic form is in a format other than PDF and therefore is not able to be electronically filed in the court registry.
[ ] the will in its original electronic form cannot be submitted ....[if you have first hand knowledge of the reason the original cannot be filed, enter that here].... [if you do not have direct knowledge of all reasons why the original cannot be attached, include the following text and affidavit].... . Submitted for filing with the submission for estate grant is an affidavit of ....[name]....sworn....[dd/mmm/yyyy]... explaining why a copy is available but the original is not.
(c.2) Foreign Will
[Check whichever one of the immediately following 3 boxes is correct.]
[ ] The will was made in British Columbia.
[ ] The will was made outside of British Columbia, but complies with the requirements for making a will that are set out in Division 1 of Part 4 of the Wills, Estates and Succession Act.
[ ] The will was made outside of British Columbia and does not comply with the requirements for making a will that are set out in Division 1 of Part 4 of the Wills, Estates and Succession Act, but the will was validly made in accordance with paragraph... [set out paragraph]... of section 80 of that Act. Submitted for filing with the submission for estate grant is an affidavit of ....[name]....sworn....[dd/mmm/yyyy]... explaining why section 80 applies.
(d) Other Issues
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] There are no other issues relating to proper execution of the will.
[ ] The following is/are the other issue(s) relating to proper execution of the will:
...................[set out the issue]..................... and attached as Exhibit ....... to this affidavit is .................[describe]................. .
7 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] I am not aware of there being any interlineations, erasures or obliterations in, or other alterations to, the will. [If the will is electronic, go to section 7.1, otherwise go to section 8.]
[ ] There are interlineations, erasures or obliterations in, or other alterations to, the will.
[If you checked the second of the immediately preceding 2 boxes, complete whichever one or more of the immediately following paragraphs that apply. Complete paragraph (a) if there are one or more interlineations in the will, paragraph (b) if there are one or more erasures or obliterations in the will, and paragraph (c) if there are one or more alterations in the will.]
(a) Interlineations
[ ] There are one or more interlineations in the will, and the following applies to each of those interlineations:
[If you checked the immediately preceding box, check whichever one of the immediately following 4 boxes is correct and provide any required information. If there is more than one interlineation in the will, and none of the following boxes applies to all of those interlineations, then select each check box that applies and specify the page number and, if necessary, location of the interlineation to which each check box you have selected applies.]
[ ] I believe that the interlineation was made in accordance with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act relating to the execution of a will.
[ ] I believe that the interlineation was authenticated by the re-execution of the will or by the subsequent execution of a codicil.
[ ] I cannot confirm that the interlineation was made in accordance with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act relating to the execution of a will or was authenticated by the re-execution of the will or by the subsequent execution of a codicil but believe that the interlineation should form part of the will as it was present when the will was signed, and, pursuant to Rule 25-3 (20) (a), submitted for filing with the submission for estate grant is/are the following affidavit(s):
1 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....
2 the affidavit of ............[name]............ sworn .....[dd/mmm/yyyy].....
[ ] I have no information to suggest that the interlineation reflects the will-maker's intentions.
(b) Words Erased or Obliterated
[Check whichever one of the immediately following 3 boxes is correct.]
[ ] In each erasure or obliteration in the will, the words erased or obliterated are entirely effaced and cannot be ascertained on inspection.
[ ] At least some of the words erased or obliterated are not entirely effaced and can be read, and none of the following boxes apply to all of those erasures or obliterations.
[ ] Words in the will were erased or obliterated and
[If you checked the immediately preceding box, check whichever one or more of the immediately following 4 boxes is correct and provide any required information. If multiple boxes apply, indicate the page number and location of the erasure or obliteration to which you are referring.]
[ ] I believe that the erasure or obliteration was made in accordance with the requirements of Division 1 of Part 4 of the Wills, Estates and Succession Act relating to the execution of a will.
[ ] I believe that the erasure or obliteration was authenticated by the re-execution of the will or by the subsequent execution of a codicil.
[ ] I believe that the words erased or obliterated should not form part of the will and, pursuant to Rule 25-3 (21) (a), submitted for filing with the submission for estate grant is/are the following affidavit(s):
1 the affidavit of ..............[name]............... sworn .......[dd/mmm/yyyy].......
2 the affidavit of ..............[name]............... sworn .......[dd/mmm/yyyy]......
[ ] I have no information to suggest that the erasures or obliterations reflect the will-maker's intentions.
(c) Other issues
[ ] I believe that the following issue(s) arise from the appearance of the will:
[If you checked the immediately preceding box, check whichever one or more of the immediately following 5 boxes are correct.]
[ ] It appears that an attempt was made to revoke the will.
[ ] It appears that a page or document was previously attached to the will but is missing.
[ ] It appears that the will is incomplete.
[ ] It appears that the will has been altered by an alteration that was not made by the will-maker in compliance with the Wills, Estates and Succession Act.
[ ] It appears that .....[specify]............
and submitted for filing in support of the submission for estate grant is/are the following affidavit(s):
1 the affidavit of ..............[name]................ sworn ...[dd/mmm/yyyy]..... .
2 the affidavit of ..............[name]................ sworn ...[dd/mmm/yyyy]..... .
7.1 The electronic will has the following issues:
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] I am not aware of there being any issues in relation to the electronic will.
[ ] The following issues arise in relation to the electronic will:
[If you checked the immediately preceding box, check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] the electronic signatures do not appear visually in the will ..............[state how will was signed]..........................
[ ] ..............[briefly state any other issues]..........................
8 [Check whichever one of the following 2 boxes is correct and provide any required information.]
[ ] The will is a physical will, and
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] the will does not refer to any documents or refers only to documents attached to the will.
[ ] the will refers to one or more documents not attached to the will, and
[If you checked the second of the immediately preceding boxes, complete the following for each document that is referred to in, but not attached to, the will.]
[ ] a copy of .....[identify document]....
[Check whichever one of the immediately following 3 boxes is correct.]
[ ] is attached as Exhibit ....... to this affidavit.
[ ] cannot be obtained by the applicant.
[ ] is not attached, because it is not testamentary.
[ ] The will is an electronic will, and
[ ] the will does not refer to any documents or refers only to documents saved as part of the same file as the will.
[ ] the will refers to one or more documents not saved as part of the same file as the will, and
[If you checked the second of the immediately preceding 2 boxes, complete the following for each document that is referred to in, but not attached to, the will.]
[ ] a copy of .....[identify document]....
[Check whichever one of the immediately following 3 boxes is correct.]
[ ] is attached as Exhibit ....... to this affidavit.
[ ] cannot be obtained by the applicant.
[ ] is not attached, because it is not testamentary.
9 [Check whichever one of the immediately following 3 boxes is correct and provide any required information.]
[ ] I am not aware of there being any application for a grant of probate or administration, or any grant of probate or administration, or equivalent, having been issued, in relation to the deceased, in British Columbia or in any other jurisdiction.
[ ] The following grant(s) of probate or administration, or equivalent, has/have been issued, in relation to the deceased, in British Columbia or in another jurisdiction: .................................. ............................................................................................................................................................................... . I believe that that grant is/those grants are not relevant to this application for the following reasons: .............[briefly state the reasons].................
[ ] The following person/people has/have also applied for a grant of probate or administration: ...[insert name(s)]....
10 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.
11 I will administer according to law all of the deceased's estate, I will prepare an accounting as to how the estate was administered and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit of .............[name]............. in this case and was made on .......[date].........
[Style of Proceeding]
AFFIDAVIT OF APPLICANT FOR GRANT OF ADMINISTRATION WITHOUT WILL ANNEXED
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, ..........................[name]......................., of ....................[address]..............., ...........[occupation]............., SWEAR (OR AFFIRM) THAT:
1 I am the applicant/one of the applicants referred to in the submission for estate grant in relation to the estate of ...........[legal name of deceased].......... (the "deceased") and am applying for a grant of administration without will annexed.
2 [Check one of the immediately following 6 boxes and provide the required information.]
[ ] I am a person referred to in paragraph ......[select (a), (b), (d), (e), (f) or (g)]........ of section 130 of the Wills, Estates and Succession Act.
[ ] I am a person nominated under paragraph .....[select (a), (c) or (e.1)] ..... of section 130 of the Wills, Estates and Succession Act.
[ ] My relationship to the deceased is .....[state your relationship]...
[ ] [name of organization] is a person referred to in paragraph (g) of section 130 of the Wills, Estates and Succession Act. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on [name of organization]'s behalf as applicant.
[ ] [name of organization] is a person nominated under paragraph .....[select (a), (c) or (e.1)] ..... of section 130 of the Wills, Estates and Succession Act. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on [name of organization]'s behalf as applicant.
[ ] [name of organization]'s relationship to the deceased is .....[state the organization's relationship]. I am the [organizational title] of [name of organization] and I am authorized by [name of organization] to swear this affidavit on the [name of organization]'s behalf as applicant.
3 [Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
[ ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
4 I am 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, both physical and electronic, where the deceased usually kept the deceased's important documents and
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] no testamentary document of the deceased has been found.
[ ] one or more testamentary documents have been found. A copy of the testamentary document(s) is attached as an exhibit to the affidavit. I believe that the testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...........[briefly state the reasons]...........
5 I believe that there is no will of the deceased.
6 [Check whichever one of the immediately following 3 boxes is correct and provide any required information.]
[ ] I am not aware of there being any application for a grant of probate or administration, or any grant of probate or administration, or equivalent, having been issued, in relation to the deceased, in British Columbia or in any other jurisdiction.
[ ] The following grant(s) of probate or administration, or equivalent, has/have been issued in relation to the deceased in British Columbia or in another jurisdiction:.................................... I believe that that grant is/those grants are not relevant to this application for the following reasons: ....................[briefly state the reasons].....................
[ ] The following person(s) has/have also applied for a grant of probate or administration: ....[insert name(s)]....
7 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.
8 I will administer according to law all of the deceased's estate, I will prepare an accounting as to how the estate was administered and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[date].......... . | ) | ............................................................................ |
| ) | ||
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[date].........
[Style of Proceeding]
AFFIDAVIT OF APPLICANT FOR ANCILLARY GRANT OF PROBATE OR ANCILLARY GRANT OF ADMINISTRATION WITH WILL ANNEXED
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .....................[name]....................., of ..................[address].................., ..........[occupation].........., SWEAR (OR AFFIRM) THAT:
1 I am the applicant/one of the applicants referred to in the submission for estate grant in relation to the estate of ...............[legal name of deceased]............... (the "deceased") and in relation to the document that is identified in section 4 of Part 3 of the submission for estate grant as the will (the "will"), and am applying for an ancillary grant of probate or an ancillary grant of administration with will annexed.
2 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] The applicant on whose behalf this affidavit is sworn is not an individual and I am authorized by the applicant to swear this affidavit on the applicant's behalf.
[ ] I am an individual and ordinarily live at the following location:
City/town: ...........................................
Province/state: ....................................
Country: ..............................................
3 All of the persons to whom the foreign grant was issued are applicants in the submission for estate grant.
4 [Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
[ ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
5 I am 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, both physical and electronic, where the deceased usually kept the deceased's important documents and
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] no testamentary document of the deceased other than the will has been found.
[ ] one or more testamentary documents other than the will have been found. A copy of the testamentary document(s) is attached as an exhibit to the affidavit. I believe that the other testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...................[briefly state the reasons].................... .
6 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 is filed with this application, and the certificate indicates that
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] no wills notice has been filed in relation to a testamentary document that is dated later than the date of the will included with this application.
[ ] no wills notice has been filed at all.
7 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.
8 I will administer according to law the deceased's estate to which the submission for estate grant relates and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[date].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[date].........
[Style of Proceeding]
AFFIDAVIT OF APPLICANT FOR ANCILLARY GRANT OF ADMINISTRATION WITHOUT WILL ANNEXED
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am the applicant/one of the applicants referred to in the submission for estate grant in relation to the estate of ....................[legal name of deceased].................... (the "deceased"), and am applying for an ancillary grant of administration without will annexed in relation to the grant of administration without will annexed (the "foreign grant") issued by the ....[name and province or country of issuing court]..... on .....[date]..... in relation to the estate of the deceased.
2 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] The applicant on whose behalf this affidavit is sworn is not an individual and I am authorized by the applicant to swear this affidavit on the applicant's behalf.
[ ] I am an individual and ordinarily live at the following location:
City/town: ...........................................
Province/state: ....................................
Country: ..............................................
3 All of the persons to whom the foreign grant was issued are applicants in the submission for estate grant.
4 [Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am not obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
[ ] I am obliged under Rule 25-3 (11) to deliver a filed copy of this submission for estate grant to the Public Guardian and Trustee.
5 I am 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, both physical and electronic, where the deceased usually kept the deceased's important documents and
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] no testamentary document of the deceased has been found.
[ ] one or more testamentary documents have been found. I believe that the testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ...................[briefly state the reasons]....................... .
6 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 is filed with this application, and the certificate indicates that
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] no wills notice has been filed in relation to a testamentary document that is dated later than the date of the will included with this application.
[ ] no wills notice has been filed at all.
7 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.
8 I will administer according to law the deceased's estate to which the submission for estate grant relates and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[date].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR ESTATE GRANT
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am one of the applicants referred to in the submission for estate grant in relation to the estate of ....................[legal name of deceased].................... (the "deceased").
2 I have read the affidavit in Form ...........[Set out whichever one of the following 5 choices is correct — P3/P4/P5/P6/P7]............ sworn ........[dd/mmm/yyyy]........ by ....................[name of person who swore that affidavit]..................... and there is nothing in that affidavit that I know to be inaccurate.
3 I have read the submission for estate grant and the other documents referred to in that document and I believe that the information contained in that submission for estate grant and those documents is correct and complete.
4 I will administer according to law the deceased's estate to which the submission for estate grant relates and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[date].........
[Style of Proceeding]
AFFIDAVIT OF DELIVERY
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 Attached to this affidavit and marked as Exhibit A is a copy of a notice of proposed application in Form P1 (the "notice").
2 I delivered a copy of the notice, along with ...........[identify the document(s), if any, that the applicant is required to deliver under Rule 25-2 (1.1)].......... to the following persons as follows:
[Check whichever one or more of the immediately following 3 boxes are correct and provide the required information.]
[ ] by mailing it/them to the following persons by ordinary mail:
.............[name of person who received delivery by ordinary mail]............ on ...[date of delivery]...
.............[name of person who received delivery by ordinary mail]............ on ...[date of delivery]...
[ ] by handing it/them to and leaving it/them with the following persons:
.............[name of person who received personal delivery]........................ on ...[date of delivery]...
.............[name of person who received personal delivery]........................ on ...[date of delivery]...
[ ] by sending it/them to the following persons by e-mail, fax or other electronic means to that person:
.............[name of person who received delivery by e-mail, fax or other electronic means]....... on ...[date of delivery]...
.............[name of person who received delivery by e-mail, fax or other electronic means]....... on ...[date of delivery]...
[If you checked the third of the immediately preceding 3 boxes, check both of the immediately following boxes. If you cannot check both of the immediately following boxes in relation to any person to whom the notice was sent by e-mail, fax or other electronic means because the person has not provided the required acknowledgement, you must re-deliver the notice and Rule 25-2 (1.1) documents by mail or personal delivery and swear to that delivery under the first or second of the boxes in this section 2.]
[ ] Each of the persons who received delivery by e-mail, fax or other electronic means has, in writing, acknowledged receipt of the document(s) referred to in this section.
[ ] I will retain a copy of those acknowledgements until the personal representative of the deceased is discharged and will produce those acknowledgements promptly after being requested to do so by the registrar.
3 [Complete the following phrase for each person referred to in section 2 who received delivery of the notice on behalf of another person under Rule 25-2 (8), (10) or (12).]
I delivered the document(s) referred to in section 2 to ...............[name]................ in his/her capacity as the ...............[identify capacity, e.g. parent, guardian, committee, etc.]............... of ...............[name of person to whom, under Rule 25-2 (2), the document(s) referred to in section 2 was (were) required to be delivered and on whose behalf the person referred to in this section received delivery of the document(s)]............... .
[Include the following sections if applicable.]
4 In accordance with Rule 25-2, I delivered a copy of the document(s) referred to in section 2 to the Public Guardian and Trustee as follows:
[Check whichever one or more of the immediately following 3 boxes are correct.]
[ ] by mailing it/them to the Public Guardian and Trustee by ordinary mail.
[ ] by handing it/them to and leaving it/them with the Public Guardian and Trustee.
[ ] by sending it/them to the Public Guardian and Trustee by e-mail, fax or other electronic means to that person.
5 In accordance with Rule 25-2 (1.1) (b):
[ ] No person who received notice demanded the will in its original electronic form.
[ ] I provided the will or access to the will in its original electronic form to the following person(s) ...[insert name(s)]... .
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[date].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF ASSETS AND LIABILITIES FOR DOMICILED ESTATE GRANT
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am an applicant for ..........[Set out whichever one of the following 6 choices is correct: a grant of probate/a grant of administration with will annexed/a grant of administration without will annexed/an ancillary grant of probate/an ancillary grant of administration with will annexed/an ancillary grant of administration without will annexed].......... in relation to the estate of ..........[legal name of deceased].......... (the "deceased").
2 I have made a diligent search and inquiry to find the property and liabilities of the deceased.
3 Attached to this affidavit as Exhibit A is a Statement of Assets, Liabilities and Distribution that discloses
(a) the real property and tangible personal property within British Columbia, and intangible personal property anywhere in the world, that passes to the applicant in the applicant's capacity as the deceased's personal representative,
(b) the value of that property, and
(c) the liabilities that charge or encumber that property.
[Check the box for whichever one of the immediately following section 4's is correct and provide any required information.]
4 [ ] Attached to this affidavit as Exhibit B is a Statement of Real and Tangible Property Outside of British Columbia that discloses
(a) the real property and tangible personal property outside of British Columbia that passes to the applicant in the applicant's capacity as the deceased's personal representative,
(b) the value of that property, and
(c) the liabilities that charge or encumber that property.
4 [ ] There is no real property or tangible personal property outside of British Columbia that passes to the applicant in the applicant's capacity as the deceased's personal representative.
5 If I determine that there is any property or liability that has not been disclosed in Exhibit A, or that information contained in this affidavit is incorrect or incomplete, I will promptly after learning of the same file an affidavit of assets and liabilities in Form P14 to disclose the correct and complete information.
6 In addition to the probate fees payable in relation to any property disclosed in Exhibit A, I promise to pay the Minister of Finance the probate fees payable with respect to the value of any property that passes to me as the deceased's personal representative, and that is not disclosed in Exhibit A, on a determination being made as to the value of that asset.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
Exhibit A
| This is Exhibit A referred to in the affidavit of | |
| ........................................, sworn/affirmed | |
| before me on ...............[dd/mmm/yyyy].............. | |
| ......................................................................... | |
| A commissioner for taking affidavits for | |
| British Columbia |
Statement of Assets, Liabilities and Distribution
| Full legal name of the deceased: .......................................................................................................... [first name] [middle name(s)] [last name/family name] |
| Other names in which the deceased held or may have held an interest in property: |
| [Include all names that have been listed in Form P2.] |
| 1 |
| 2 |
| 3 etc. |
| Part I Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale) | Value at Death | |
| List item details and then list secured debt details below those items. If the deceased only has a partial interest in the property, list the names of all registered owners, including the deceased, and specify the interest that each owner has in the property as a fraction expressed in numerals. | ||
| For example: 123 Main Street, Victoria, BC PID Legal Description Market Value as per 2021 Assessment Notice Less: Prime Mortgage Company — Mortgage registered under No. 23456 | $1,000,000.00 − $600,000.00 | $400,000 |
| TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA | $400,000 | |
| Part II Tangible Personal Property within British Columbia (including vehicles, furniture and other physical items) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL TANGIBLE PERSONAL PROPERTY WITHIN BRITISH COLUMBIA | ||
| Part III Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, that is not dealt with by a foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL INTANGIBLE PERSONAL PROPERTY | ||
| GROSS VALUE OF ASSETS LESS SECURED DEBTS | $400,000 | |
Exhibit B
| This is Exhibit B referred to in the affidavit of | |
| ........................................, sworn/affirmed | |
| before me on ...............[dd/mmm/yyyy].............. | |
| ......................................................................... | |
| A commissioner for taking affidavits for | |
| British Columbia |
Statement of Real and Tangible Property Outside of British Columbia
| Full legal name of the deceased: .......................................................................................................... [first name] [middle name(s)] [last name/family name] |
| Other names in which the deceased held or may have held an interest in property: |
| [Include all names that have been listed in Form P2.] |
| 1 |
| 2 |
| 3 etc. |
| Part I Real Property outside British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale) | Value at Death | |
| List item details; it is unnecessary to list debts or liabilities that charge or encumber the property. If the deceased only has a partial interest in the property, list the names of all registered owners, including the deceased, and specify the interest that each owner has in the property as a fraction expressed in numerals. | ||
| For example: 123 Main Street, Calgary, AB PID Legal Description Market Value [as per method determined] | $2,000,000.00 | |
| TOTAL REAL PROPERTY OUTSIDE BRITISH COLUMBIA | $500,000 | |
| Part II Tangible Personal Property outside British Columbia (including vehicles, furniture and other physical items) | Value at Death | |
| List item details; it is unnecessary to list secured debts | ||
| TOTAL TANGIBLE PERSONAL PROPERTY OUTSIDE BRITISH COLUMBIA | ||
| GROSS VALUE OF ASSETS OUTSIDE BRITISH COLUMBIA | $500,000 | |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF ASSETS AND LIABILITIES FOR NON-DOMICILED ESTATE GRANT
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am an applicant for .....[Set out whichever one of the following 6 choices is correct: a grant of probate/a grant of administration with will annexed/a grant of administration without will annexed/an ancillary grant of probate/an ancillary grant of administration with will annexed/an ancillary grant of administration without will annexed]..... in relation to the estate of ...............[legal name of deceased]............... (the "deceased").
2 The deceased was not ordinarily resident in British Columbia at the time of death.
3 All property of the deceased situated outside British Columbia, if any, has been, is being or will be administered by a foreign personal representative or otherwise under the law of a foreign jurisdiction.
4 I have made a diligent search and inquiry to find the property and liabilities of the deceased within British Columbia.
5 Attached to this affidavit as Exhibit A is a Statement of Assets, Liabilities and Distribution that discloses
(a) all of the property of the deceased within British Columbia, irrespective of its nature or value, that passes to the applicant in the applicant's capacity as the deceased's personal representative,
(b) the value of that property, and
(c) the liabilities that charge or encumber that property.
6 If I determine that there is any property or liability within British Columbia that has not been disclosed in Exhibit A or that information contained in this affidavit is incorrect or incomplete, I will promptly after learning of the same file a supplemental affidavit of assets and liabilities for non-domiciled estate grant in Form P15 to disclose the correct and complete information.
7 In addition to the probate fees payable in relation to any property disclosed in Exhibit A, I promise to pay the Minister of Finance the probate fees payable with respect to the value of any property that passes to me as the deceased's personal representative, and that is not disclosed in Exhibit A, on a determination being made as to the value of that asset.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
Exhibit A
| This is Exhibit A referred to in the affidavit of | |
| ........................................, sworn/affirmed | |
| before me on ...............[dd/mmm/yyyy].............. | |
| ......................................................................... | |
| A commissioner for taking affidavits for | |
| British Columbia |
Statement of Assets, Liabilities and Distribution
| Full legal name of the deceased: .......................................................................................................... [first name] [middle name(s)] [last name/family name] |
| Other names in which the deceased held or may have held an interest in property: |
| [Include all names that have been listed in Form P2.] |
| 1 |
| 2 |
| 3 etc. |
| Part I Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale) | Value at Death | |
| List item details and then list secured debt details below those items. If the deceased only has a partial interest in the property, list the names of all registered owners, including the deceased, and specify the interest that each owner has in the property as a fraction expressed in numerals. | ||
| For example: 123 Main Street, Victoria, BC PID Legal Description Market Value as per 2021 Assessment Notice Less: Prime Mortgage Company — Mortgage registered under No. 23456 | $1,000,000.00 − $600,000.00 | $400,000 |
| TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA | $400,000 | |
| Part II Tangible Personal Property within British Columbia (including vehicles, furniture and other physical items) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL TANGIBLE PERSONAL PROPERTY WITHIN BRITISH COLUMBIA | ||
| Part III Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, that is not dealt with by a foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL INTANGIBLE PERSONAL PROPERTY | ||
| GROSS VALUE OF ASSETS LESS SECURED DEBTS | $400,000 | |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF TRANSLATOR
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I have a knowledge of the English and ........................ languages and I am competent to translate from one to the other.
2 Attached to this affidavit as Exhibit A is a .................[identify document]............ which document is written in the ....................... language and attached to this affidavit as Exhibit B is my translation of Exhibit A which, to the best of my ability, accurately translates Exhibit A into the English language. [Repeat this section for each document for which a translation has been prepared by this deponent, providing new Exhibit letters as required.]
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
[Style of Proceeding]
DIRECTION OF PUBLIC GUARDIAN AND TRUSTEE
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
Pursuant to Rule 25-3 (13) of the Supreme Court Civil Rules, the Public Guardian and Trustee hereby directs that the court file in this proceeding [add, if required: including the following related material ......................[identify]..................] be sealed in the manner and for the period referred to in section 125 of the Wills, Estates and Succession Act.
| Date: .........[dd/mmm/yyyy]......... | ....................................................................... Signature of [ ] Public Guardian and Trustee [ ] authorized signatory for the Public Guardian and Trustee .................[type or print name]........................... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
SUPPLEMENTAL AFFIDAVIT OF ASSETS AND LIABILITIES FOR DOMICILED ESTATE GRANT
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am an applicant for ..........[Set out whichever one of the following 6 choices is correct: a grant of probate/a grant of administration with will annexed/a grant of administration without will annexed/an ancillary grant of probate/an ancillary grant of administration with will annexed/an ancillary grant of administration without will annexed].......... in relation to the estate of ....................[legal name of deceased].................... (the "deceased").
2 An affidavit of assets and liabilities for estate grant has been filed in this proceeding.
3 Attached to this affidavit as Exhibit A is a Supplemental Statement of Assets, Liabilities and Distribution that discloses
(a) the real property and tangible personal property within British Columbia, and intangible personal property anywhere in the world, of the deceased that was not disclosed or was inaccurately disclosed in any earlier affidavit of assets and liabilities filed in this proceeding,
(b) the value of that property, and
(c) the liabilities that charge or encumber that property.
4 If I determine that there is any property or liability that has not been disclosed in Exhibit A or in any previous affidavit of assets and liabilities in Form P10 or P14 filed in this proceeding or that information contained in this affidavit or in any of those previous affidavits is incorrect or incomplete, I will promptly after learning of the same file a supplemental affidavit of assets and liabilities for domiciled estate grant in Form P14 to disclose the correct and complete information.
5 In addition to the probate fees payable in relation to any property disclosed in Exhibit A, I promise to pay the Minister of Finance the probate fees payable with respect to the value of any property that passes to me as the deceased's personal representative, and that is not disclosed in Exhibit A, on a determination being made as to the value of that asset.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
Exhibit A
| This is Exhibit A referred to in the affidavit of | |
| ........................................, sworn/affirmed | |
| before me on ...............[dd/mmm/yyyy].............. | |
| ......................................................................... | |
| A commissioner for taking affidavits for | |
| British Columbia |
Supplemental Statement of Assets, Liabilities and Distribution
| Full legal name of the deceased: .......................................................................................................... [first name] [middle name(s)] [last name/family name] |
| Other names in which the deceased held or may have held an interest in property: |
| [Include all names that have been listed in Form P2.] |
| 1 |
| 2 |
| 3 etc. |
| Part I Real Property within British Columbia not disclosed or inaccurately disclosed (including mortgages and vendors' and purchasers' interests in agreements for sale) | Value at Death | |
| List item details and then list secured debt details below those items. If the deceased only has a partial interest in the property, list the names of all registered owners, including the deceased, and specify the interest that each owner has in the property as a fraction expressed in numerals. | ||
| For example: 123 Main Street, Victoria, BC PID Legal Description Market Value as per 2021 Assessment Notice Less: Prime Mortgage Company — Mortgage registered under No. 23456 | $1,000,000.00 − $600,000.00 | $400,000 |
| TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA | $400,000 | |
| Part II Tangible Personal Property within British Columbia not disclosed or inaccurately disclosed (including vehicles, furniture and other physical items) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL TANGIBLE PERSONAL PROPERTY WITHIN BRITISH COLUMBIA | ||
| Part III Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, not disclosed or inaccurately disclosed that is not dealt with by a foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL INTANGIBLE PERSONAL PROPERTY | ||
| GROSS VALUE OF ASSETS LESS SECURED DEBTS | $400,000 | |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
SUPPLEMENTAL AFFIDAVIT OF ASSETS AND LIABILITIES FOR NON-DOMICILED ESTATE GRANT
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am an applicant for .....[Set out whichever one of the following 6 choices is correct: a grant of probate/a grant of administration with will annexed/a grant of administration without will annexed/an ancillary grant of probate/an ancillary grant of administration with will annexed/an ancillary grant of administration without will annexed]..... in relation to the estate of ...............[legal name of deceased]............... (the "deceased").
2 The deceased was not ordinarily resident in British Columbia at the time of death.
3 An affidavit of assets and liabilities for estate grant has been filed in this proceeding.
4 Attached to this affidavit as Exhibit A is a Supplemental Statement of Assets, Liabilities and Distribution that discloses
(a) all of the property of the deceased within British Columbia that was not disclosed or was inaccurately disclosed in any earlier affidavit of assets and liabilities filed in this proceeding,
(b) the value of that property, and
(c) the liabilities that charge or encumber that property.
5 If I determine that there is any property or liability that has not been disclosed in Exhibit A or in any earlier affidavit of assets and liabilities filed in this proceeding or that information contained in this affidavit or in any of those previous affidavits is incorrect or incomplete, I will promptly after learning of the same file a supplemental affidavit of assets and liabilities for non-domiciled estate grant in Form P15 to disclose the correct and complete information.
6 In addition to the probate fees payable in relation to any property disclosed in Exhibit A, I promise to pay the Minister of Finance the probate fees payable with respect to the value of any property that passes to me as the deceased's personal representative, and that is not disclosed in Exhibit A, on a determination being made as to the value of that asset.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
Exhibit A
| This is Exhibit A referred to in the affidavit of | |
| ........................................, sworn/affirmed | |
| before me on ...............[dd/mmm/yyyy].............. | |
| ......................................................................... | |
| A commissioner for taking affidavits for | |
| British Columbia |
Supplemental Statement of Assets, Liabilities and Distribution
| Full legal name of the deceased: .......................................................................................................... [first name] [middle name(s)] [last name/family name] |
| Other names in which the deceased held or may have held an interest in property: |
| [Include all names that have been listed in Form P2.] |
| 1 |
| 2 |
| 3 etc. |
| Part I Real Property within British Columbia not disclosed or inaccurately disclosed (including mortgages and vendors' and purchasers' interests in agreements for sale) | Value at Death | |
| List item details and then list secured debt details below those items. If the deceased only has a partial interest in the property, list the names of all registered owners, including the deceased, and specify the interest that each owner has in the property as a fraction expressed in numerals. | ||
| For example: 123 Main Street, Victoria, BC PID Legal Description Market Value as per 2021 Assessment Notice Less: Prime Mortgage Company — Mortgage registered under No. 23456 | $1,000,000.00 − $600,000.00 | $400,000 |
| TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA | $400,000 | |
| Part II Tangible Personal Property within British Columbia not disclosed or inaccurately disclosed (including vehicles, furniture and other physical items) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL TANGIBLE PERSONAL PROPERTY WITHIN BRITISH COLUMBIA | ||
| Part III Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, not disclosed or inaccurately disclosed that is not dealt with by a foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL INTANGIBLE PERSONAL PROPERTY WITHIN BRITISH COLUMBIA | ||
| GROSS VALUE OF ASSETS LESS SECURED DEBTS | $400,000 | |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF INTERLINEATION, ERASURE, OBLITERATION OR OTHER ALTERATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 The will of ....................[legal name of deceased]...................., deceased (the "will-maker"), dated ......[dd/mmm/yyyy]..... contains an interlineation, erasure, obliteration or other alteration at ..........[describe the location of the interlineation, erasure, obliteration or other alteration in the text of the will by reference to page number and line number or by other exact reference]..... .
2 I was present when the will was signed and the will contained the interlineation, erasure, obliteration or other alteration when the will was signed.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
[Note that a reference to "will" in this affidavit includes all documents that are included within the definition of "will" in the Wills, Estates and Succession Act.]
In the Matter of the Estate of ...............[legal name of deceased]..............., deceased
NOTICE OF RENUNCIATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
WHEREAS the deceased, formerly of ..............[city, province]......................, died on .....[dd/mmm/yyyy]....., having made and duly executed a last will dated .....[dd/mmm/yyyy]..... (the "will"), and appointed ........................[name]...................... executor [add, if applicable: and trustee] of it:
I, ..............[name]................., hereby renounce executorship in relation to the will and declare that I have not intermeddled in the estate of the deceased and will not intermeddle in it with the intent to defraud creditors.
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Signature of renouncing executor ......................[type or print name]......................... |
This notice of renunciation was signed by the renouncing executor in the presence of
WITNESS [The witness to this acknowledgement must be at least 19 years of age.]
| Name: ............................................................. | |
| Address: .......................................................... ....................................................................... ....................................................................... | ................................................................... Signature of witness |
| Occupation: ...................................................... | ..................[type or print name].................... |
[Style of Proceeding]
AUTHORIZATION TO OBTAIN ESTATE INFORMATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
TAKE NOTICE THAT ....................[name(s)]....................(the applicant(s))
1 has/have applied for .....[Set out whichever one of the following 6 choices is correct: a grant of probate/a grant of administration with will annexed/a grant of administration without will annexed/an ancillary grant of probate/an ancillary grant of administration with will annexed/an ancillary grant of administration without will annexed]..... in respect of the estate of ............[legal name of deceased]............, also known as .............[indicate any other names by which the deceased was known].......... (the "deceased"), whose last residential address was ................................................ ..........................................................
2 is/are recognized as the person(s) to whom the grant will be issued once the court is satisfied that all remaining filings and fee payments have been made, and
3 is/are authorized to obtain information about the assets and liabilities of the deceased.
AND TAKE NOTICE THAT, unless you provide to the applicant(s), within 30 days after the date on which this authorization to obtain estate information is delivered to you, information respecting the nature and value of any assets of the estate of the deceased that are in your possession or control, the applicant(s) may make application under Rule 25-8 (2), set out below, for an order requiring delivery of that information and seeking costs from you for that application.
THIS AUTHORIZATION TO OBTAIN ESTATE INFORMATION DOES NOT AUTHORIZE THE APPLICANT(S) TO TAKE DELIVERY OF ANY OF THE ASSETS OF THE DECEASED.
| ............................................................................ Registrar |
Rule 25-8 (2) of the Supreme Court Civil Rules states:
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.
No. ...............................
.................................. Registry
In the Supreme Court of British Columbia
In the Matter of the Estate of ..............[legal name of deceased]..............., deceased
In Probate
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
WHEREAS .............[legal name of deceased]..............., also known as ................[indicate any other names by which the deceased was known]....................... (the "deceased"), whose last known address was .................... ........................................... died on .........[date of death — dd/mmm/yyyy]............. [add, if this grant applies to a grant of probate or a grant of administration with will annexed: and left a will dated ...........[dd/mmm/yyyy]........, a copy of which is attached.]
Administration of the estate of the deceased is granted to .........................[name(s)]..............................
[If this grant is a grant of probate, add the following if required.]
reserving the right of ..............[name(s)]............... to apply for and obtain a grant of probate at a later date if that executor/those executors should so desire.
[Add whichever of the following is/are correct.]
The will in relation to which this grant is issued is to be read in conjunction with an order dated .........[dd/mmm/yyyy]......., a copy of which is attached.
This grant is limited pursuant to an order dated .....[dd/mmm/yyyy]....., a copy of which is attached.
This grant is issued pursuant to an order dated .....[dd/mmm/yyyy]....., a copy of which is attached.
This grant is ancillary to a foreign grant dated .....[dd/mmm/yyyy]....., a copy of which is attached, and is limited to property in British Columbia.
Sealed by the Supreme Court of British Columbia on .....[dd/mmm/yyyy].....
| By the Court. ............................................................................. Registrar |
[Style of Proceeding]
CORRECTION RECORD
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
The .....[Set out whichever one of the following 9 choices is correct: grant of probate/grant of administration with will annexed/grant of administration without will annexed/ancillary grant of probate/ancillary grant of administration with will annexed/ancillary grant of administration without will annexed/resealing of a foreign grant/authorization to obtain resealing information/authorization to obtain estate information]..... dated .....[dd/mmm/yyyy]..... is corrected by ...............[indicate the correction]............... .
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Registrar |
[Style of Proceeding]
CORRECTION RECORD FOR STYLE OF PROCEEDING
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
The .....[Set out whichever one of the following 2 choices is correct: submission for estate grant/submission for resealing]..... dated .....[dd/mmm/yyyy]..... with the current style of proceeding ...... [current style of proceeding].....is corrected to read ...............[new style of proceeding]............... .
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Registrar |
No. .....................
................................. Registry
In the Supreme Court of British Columbia
In the Matter of the Estate of ...............[legal name of deceased]..............., deceased
SUBMISSION FOR RESEALING
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
This submission for resealing is submitted by: ............[name of applicant(s)].............
I am/We are applying for the resealing under Part 6 of the Wills, Estates and Succession Act of the grant issued by the ......[name and province or country of issuing court]..... on .....[dd/mmm/yyyy]..... (the "foreign grant") in relation to the deceased described in Part 1 of this submission for resealing.
[Check whichever one of the following 2 boxes is correct.]
[ ] I am/We are submitting with this submission for resealing an affidavit of assets and liabilities for resealing in Form P25 and therefore do not require an authorization to obtain resealing information.
[ ] I/We request ...[number of copies]... certified copy(ies) of the resealed estate grant.
[ ] I/We request ...[number of copies]... certified copy(ies) of the affidavit of assets and liabilities for resealing.
[ ] I am/We are seeking an authorization to obtain resealing information so that I/we can secure the information necessary to prepare and submit an affidavit of assets and liabilities for resealing.
[ ] I/We request ...[number of copies]... certified copy(ies) of the authorization to obtain resealing information.
This submission for resealing has 4 Parts:
Part 1: Information about the Deceased
Part 2: Information about the Applicant(s)
Part 3: Documents Filed with this Submission for Resealing
Part 4: Schedule
| Date: .........[dd/mmm/yyyy]........... | ...................................................................... Signature of [ ] applicant [ ] lawyer for applicant(s) .......................[type or print name].................... |
PART 1 — INFORMATION ABOUT THE DECEASED
Name of the deceased as it appears on the foreign grant to be resealed:
| ...................................... | .......................................... | ....................................... | |
| [first name] | [middle name(s)] | [last name/family name] |
Last residential address of the deceased:
Street number and street name: .................................................................................
[OR]
Post office box: ..................................................
City/Town: .........................................................
Province/State: ...................................................
Country: .............................................................
Postal Code/Zip Code: .......................................
Deceased's date of death: ..........................[dd/mmm/yyyy]............................
Deceased's place of ordinary residence at the date of death: ..........................[location]............................
[Check whichever one of the immediately following 3 boxes is correct and provide any required information.]
[ ] The deceased was neither a Nisg̱a'a citizen nor a member of a treaty first nation.
[ ] The deceased was a Nisg̱a'a citizen.
[ ] The deceased was a member of the ....................[name].................... treaty first nation.
PART 2 — INFORMATION ABOUT THE APPLICANT(S)
Applicant's(s') address for service:
[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service. If there is more than one applicant, all applicants must share the same address(es) for service.]
Street address for service: .......................................................................................................
Fax number address for service (if any): ..............................
E-mail address for service (if any): ......................................
Telephone number: ...............................................................
PART 3 — DOCUMENTS FILED WITH THIS SUBMISSION FOR RESEALING
1 [Check whichever one of the immediately following 3 boxes is correct and file the specified affidavit(s).]
[ ] There is one applicant to this submission for resealing and a .....[Select whichever one of the following 2 choices is correct: P22/P23]... affidavit is filed with this submission for estate grant.
[ ] There are 2 or more applicants to this submission for resealing and a joint .....[Select whichever one of the following 2 choices is correct: P22/P23]... affidavit on behalf of all applicants is filed with this submission for estate grant.
[ ] There are 2 or more applicants to this submission for resealing and a .....[Select whichever one of the following 2 choices is correct: P22/P23]... affidavit is filed with this submission for estate grant and [indicate number] affidavit(s) in Form P24 is/are filed with this submission for estate grant.
2 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] Filed with this submission for resealing is/are the following Affidavit(s) of Delivery in Form P9 that confirms/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:
Affidavit of ...[name]... sworn ...[dd/mmm/yyyy]...
Affidavit of ...[name]... sworn ...[dd/mmm/yyyy]...
Affidavit of ...[name]... sworn ...[dd/mmm/yyyy]...
[ ] No affidavit of delivery is attached. In accordance with Rule 25-2, no one, other than the applicant(s), is entitled to notice.
3 Filed with this submission for resealing are 2 copies of the certificate of 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.
4 [Check whichever one of the immediately following 2 boxes is correct, provide any required information and file any specified documents.]
[ ] The foreign grant was issued in relation to the will of the deceased dated .....[dd/mmm/yyyy]..... and filed with this submission for resealing is a copy of the following, each of which is certified by the court out of which probate or administration with will annexed has been granted:
(a) the foreign grant;
(b) if a copy of the will to which the foreign grant relates is not attached to the foreign grant, a copy of the will.
[ ] The foreign grant is a grant of administration without will annexed and filed with this submission for resealing is a copy of the foreign grant certified by the court out of which administration without will annexed has been granted.
[Check the box for whichever one of the immediately following section 5's is correct and provide any required information.]
5 [ ] The foreign grant is a grant of probate or a grant of administration with will annexed and there are no orders affecting the validity or content of the will referred to in section 4.
5 [ ] The foreign grant is a grant of probate or a grant of administration with will annexed and the following orders affect the validity or content of the will referred to in section 4:
[If you checked the second of the immediately preceding 2 boxes, describe any applicable orders, indicate if they have been filed in this proceeding and file any described orders that have not yet been filed in this proceeding.]
1 Order dated ....[dd/mmm/yyyy].....
[ ] This order has been filed in this proceeding.
[ ] This order has not yet been filed in this proceeding and I am/we are therefore filing a copy of the order with this submission for resealing.
2 Order dated ....[dd/mmm/yyyy].....
[ ] This order has been filed in this proceeding.
[ ] This order has not yet been filed in this proceeding and I am/we are therefore filing a copy of the order with this submission for resealing.
3 etc.
5 [ ] The foreign grant is a grant of administration without will annexed.
6 [Check whichever one of the immediately following 4 boxes is correct and provide any required information.]
[ ] The will referred to in section 4 does not refer to any documents or refers only to documents attached to the will.
[ ] Filed with this submission for resealing is/are the following document(s):
1
2
3 etc.
which document(s) is/are referred to in, but not attached to, the will referred to in section 4.
[ ] Not filed with this submission for resealing is/are the following document(s),
1
2
3 etc.
which document(s) is/are referred to in, but not attached to, the will referred to in section 4, but which are not testamentary and are not relevant to this application for the following reasons: ....................[briefly state the reasons]....................
[ ] The foreign grant is a grant of administration without will annexed.
7 [Check whichever one of the immediately following 2 boxes is correct and describe and file any specified documents.]
[ ] No documents other than those described elsewhere in this submission for resealing are filed with this submission for resealing.
[ ] In addition to the documents described elsewhere in this submission for resealing, the following documents are filed with this submission for resealing:
1
2
3 etc.
8 [Check whichever one of the immediately following 2 boxes is correct, provide any required information and file any specified documents.]
[ ] All documents filed with this submission for resealing are written in the English language.
[ ] Filed with this submission for resealing is an affidavit of translator in Form P12 of ...............[name]..............., who translated the ...............[identify document]............... filed with this submission for resealing.
PART 4 — SCHEDULE
1 [Check whichever one of the immediately following 2 boxes is correct and attach the specified Schedule.]
[ ] Attached to this submission for resealing is a Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed.
[ ] Attached to this submission for resealing is a Schedule for Resealing of Grant of Administration without Will Annexed.
[This Schedule is to be completed and attached to the submission for resealing only if the application is for the resealing of a grant of probate or for the resealing of a grant of administration with will annexed.]
Schedule for Resealing of Grant of Probate or Grant of Administration with Will Annexed
1 Each person to whom the foreign grant was issued is an applicant under the submission for resealing.
2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:
[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.]
[List each named person on a separate line. Do not leave any paragraph blank or indicate "Not applicable"; clearly state why a paragraph does not apply.]
[A person who does not survive a deceased person by 5 days, or a longer period provided in an instrument, is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, or longer if required, for the purposes of this Form, the person is referred to as "surviving".]
(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently surviving spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:
(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: surviving child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who did not survive the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:
(c) each person, if any, who is a beneficiary under the will and who is not named in paragraph (a) or (b) [List each surviving beneficiary and all beneficiaries who did not survive the deceased in this application and indicate "(surviving)" or "(deceased)", as applicable.]:
(d) each person, if any, who would have been an intestate successor if the deceased had not left a will and who is not named in paragraph (a), (b) or (c) [List all surviving persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:
(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:
[Include the following section if applicable]
3 The Attorney General has received notice because the government is entitled to all or part of the estate of the deceased.
[This Schedule is to be completed and attached to the submission for resealing only if the application is for the resealing of a grant of administration without will annexed.]
Schedule for Resealing of Grant of Administration without Will Annexed
1 Each person to whom the foreign grant was issued is an applicant under the submission for resealing.
2 Listed in each of the following paragraphs is every person who falls within the class of persons identified by that paragraph:
[Provide under each of the following paragraphs the full name of each person to whom the paragraph applies, whether or not that person is named elsewhere in this submission for estate grant.]
[List each named person on a separate line. Do not leave any paragraph blank or indicate "Not applicable"; clearly state why a paragraph does not apply.]
[A person who does not survive a deceased person by 5 days is conclusively deemed to have died before the deceased. If a person survives a deceased person by 5 days, for the purposes of this Form, the person is referred to as "surviving".]
(a) spouse, if any, of the deceased [see section 2 of the Wills, Estates and Succession Act] [Provide the appropriate response(s), as applicable: spouse [provide name of spouse]/no currently surviving spouse as defined by section 2 of the Wills, Estates and Succession Act [provide name of spouse and indicate "(deceased)"]/never married.]:
(b) child(ren), if any, of the deceased [Provide the appropriate response(s), as applicable: surviving child(ren) of deceased [provide name(s) of child(ren)]/any child(ren) of the deceased who did not survive the deceased [provide name(s) of child(ren) and indicate "(deceased)"]/no children.]:
(c) each person, if any, not named in paragraph (a) or (b), who is entitled to receive all or part of the estate of a person who dies without a will [see section 23 of the Wills, Estates and Succession Act] [List all surviving persons who would be entitled to inherit on intestacy and their relationship to the deceased.]:
(d) each creditor of the deceased, if any, not named in paragraph (a), (b) or (c) whose claim exceeds $10 000:
(e) each citor, if any, not named in paragraph (a), (b), (c) or (d) [see Rule 25-11] [List anyone who has filed a citation or indicate that no citation has been received.]:
[Include the following section if applicable]
3 The Attorney General has received notice because the government is entitled to the estate of the deceased.
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF APPLICANT FOR RESEALING OF GRANT OF PROBATE OR GRANT OF ADMINISTRATION WITH WILL ANNEXED
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am the applicant/one of the applicants referred to in the submission for resealing in relation to the estate of ..................[legal name of deceased].................. (the "deceased") and in relation to the document that is identified in section 4 of Part 3 of the submission for resealing as the will (the "will"), and am applying for the resealing of a grant of probate/grant of administration with will annexed issued by the ...[name and province or country of issuing court]... on ...[dd/mmm/yyyy]... in relation to the estate of the deceased.
2 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] The applicant on whose behalf this affidavit is sworn is not an individual and I am authorized by the applicant to swear this affidavit on the applicant's behalf.
[ ] I am an individual and ordinarily live at the following location:
City/town: ...........................................
Province/state: ....................................
Country: ..............................................
3 All of the persons to whom the foreign grant was issued are applicants in the submission for resealing.
4 [Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am not obliged under Rule 25-6 (9) to deliver a filed copy of this submission for resealing to the Public Guardian and Trustee.
[ ] I am obliged under Rule 25-6 (9) to deliver a filed copy of this submission for resealing to the Public Guardian and Trustee.
5 I am 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 both physical and electronic where the deceased usually kept important documents and
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] no testamentary document of the deceased that is dated later than the date of the will has been found.
[ ] one or more testamentary documents other than the will have been found. I believe that the other testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ..........[briefly state the reasons].......... .
6 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 is filed with this application, and the certificate indicates that
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] no wills notice has been filed in relation to a testamentary document that is dated later than the date of the will that forms part of the grant included with this application.
[ ] no wills notice has been filed at all.
7 I am not aware of there being any application for a grant of probate or administration in British Columbia.
8 Other than the grant I am submitting as part of this application, I am not aware of a grant of probate or administration, or equivalent, having been issued in relation to the deceased in any jurisdiction.
9 I have read the submission for resealing and the other documents referred to in that document and I believe that the information contained in that submission for resealing and those documents is correct and complete.
10 I will administer according to law the deceased's estate to which the submission for resealing relates and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF APPLICANT FOR RESEALING OF GRANT OF ADMINISTRATION WITHOUT WILL ANNEXED
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am the applicant/one of the applicants referred to in the submission for resealing in relation to the estate of ...............[legal name of deceased]............... (the "deceased") and am applying for the resealing of a grant of administration without will annexed (the "foreign grant") issued by the .....[name and province or country of issuing court]..... on ...[dd/mmm/yyyy]... in relation to the estate of the deceased.
2 [Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] The applicant on whose behalf this affidavit is sworn is not an individual and I am authorized by the applicant to swear this affidavit on the applicant's behalf.
[ ] I am an individual and ordinarily live at the following location:
City/town: ...........................................
Province/state: ....................................
Country: ..............................................
3 All of the persons to whom the foreign grant was issued are applicants in the submission for resealing.
4 [Check whichever one of the immediately following 2 boxes is correct.]
[ ] I am not obliged under Rule 25-6 (9) to deliver a filed copy of this submission for resealing to the Public Guardian and Trustee.
[ ] I am obliged under Rule 25-6 (9) to deliver a filed copy of this submission for resealing to the Public Guardian and Trustee.
5 I am 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 both physical and electronic where the deceased usually kept important documents and
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] no testamentary document of the deceased has been found.
[ ] one or more testamentary documents have been found. I believe that the testamentary document(s) is/are invalid or otherwise not relevant to this application for the following reasons: ..........[briefly state the reasons].......... .
6 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 is filed with this application, and the certificate indicates that
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] a wills notice has been filed in relation to one or more testamentary documents that are addressed in section 5.
[ ] no wills notice has been filed at all.
7 I am not aware of there being any application for a grant of probate or administration in British Columbia.
8 Other than the grant I am submitting as part of this application, I am not aware of a grant of probate or administration, or equivalent, having been issued in relation to the deceased in any jurisdiction.
9 I have read the submission for resealing and the other documents referred to in that document and I believe that the information contained in that submission for resealing and those documents is correct and complete.
10 I will administer according to law the deceased's estate to which the submission for resealing relates and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR RESEALING
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am one of the applicants applying for the resealing of a grant of probate/grant of administration issued by the ..........[name of issuing court].......... on ...[dd/mmm/yyyy]... in relation to the estate of ....................[legal name of deceased]....................(the "deceased").
2 I have read the affidavit in Form P22/P23 sworn on .....[dd/mmm/yyyy]..... by .....[name of person who swore that affidavit]..... and there is nothing in that affidavit that I know to be inaccurate.
3 I have read the submission for resealing and the other documents referred to in that document and I believe that the information contained in that submission for resealing and those documents is correct and complete.
4 I will administer according to law the deceased's estate to which the submission for resealing relates and I acknowledge that, in doing this, I will be subject to the legal responsibility of a personal representative.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF ASSETS AND LIABILITIES FOR RESEALING
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am an applicant for the resealing of a grant issued by the ..........[name of issuing court].......... on ...[dd/mmm/yyyy]... in relation to the estate of ...............[legal name of deceased]............... (the "deceased").
2 The deceased was not ordinarily resident in British Columbia at the time of death.
3 All property of the deceased situated outside British Columbia, if any, has been, is being or will be administered by a foreign personal representative or otherwise under the law of a foreign jurisdiction.
4 I have made a diligent search and inquiry to find the property and liabilities of the deceased within British Columbia.
5 Attached to this affidavit as Exhibit A is a Statement of Assets, Liabilities and Distribution that discloses
(a) all of the property of the deceased within British Columbia, irrespective of its nature or value, that passes to the applicant in the applicant's capacity as the deceased's personal representative,
(b) the value of that property, and
(c) the liabilities that charge or encumber that property.
6 If I determine that there is any property or liability within British Columbia that has not been disclosed in Exhibit A or that information contained in this affidavit or in any supplemental affidavit of assets and liabilities for resealing is incorrect or incomplete, I will promptly after learning of the same file a supplemental affidavit of assets and liabilities for resealing in Form P26 to disclose the correct and complete information.
7 In addition to the probate fees payable in relation to any property disclosed in Exhibit A, I promise to pay the Minister of Finance the probate fees payable with respect to the value of any property that passes to me as the deceased's personal representative, and that is not disclosed in Exhibit A, on a determination being made as to the value of that asset.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
Exhibit A
| This is Exhibit A referred to in the affidavit of | |
| ........................................, sworn/affirmed | |
| before me on ...............[dd/mmm/yyyy].............. | |
| ......................................................................... | |
| A commissioner for taking affidavits for | |
| British Columbia |
Statement of Assets, Liabilities and Distribution
| Full legal name of the deceased: .......................................................................................................... [first name] [middle name(s)] [last name/family name] |
| Other names in which the deceased held or may have held an interest in property: |
| [Include all names that have been listed in Form P21.] |
| 1 |
| 2 |
| 3 etc. |
| Part I Real Property within British Columbia (including mortgages and vendors' and purchasers' interests in agreements for sale) | Value at Death | |
| List item details and then list secured debt details below those items. If the deceased only has a partial interest in the property, list the names of all registered owners, including the deceased, and specify the interest that each owner has in the property as a fraction expressed in numerals. | ||
| For example: 123 Main Street, Victoria, BC PID Legal Description Market Value as per 2021 Assessment Notice Less: Prime Mortgage Company — Mortgage registered under No. 23456 | $1,000,000.00 − $600,000.00 | $400,000 |
| TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA | $400,000 | |
| Part II Tangible Personal Property within British Columbia (including vehicles, furniture and other physical items) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL TANGIBLE PERSONAL PROPERTY WITHIN BRITISH COLUMBIA | ||
| Part III Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, that is not dealt with by the foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL INTANGIBLE PERSONAL PROPERTY | ||
| GROSS VALUE OF ASSETS LESS SECURED DEBTS | $400,000 | |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
SUPPLEMENTAL AFFIDAVIT OF ASSETS AND LIABILITIES FOR RESEALING
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., ...........[occupation]..........., SWEAR (OR AFFIRM) THAT:
1 I am an applicant for the resealing of a grant issued by the ..........[name of issuing court].......... on ...[dd/mmm/yyyy]... in relation to the estate of ...............[legal name of deceased]..............., also known as .....[indicate any other names by which the deceased was known]..... (the "deceased").
2 An affidavit of assets and liabilities for resealing has been filed in this proceeding.
3 Attached to this affidavit as Exhibit A is a Supplemental Statement of Assets, Liabilities and Distribution that discloses
(a) all of the property of the deceased within British Columbia that was not disclosed or was inaccurately disclosed in any earlier affidavit of assets and liabilities filed in this proceeding,
(b) the value of that property, and
(c) the liabilities that charge or encumber that property.
4 If I determine that there is any property or liability within British Columbia that has not been disclosed in Exhibit A or in any earlier affidavit of assets and liabilities filed in this proceeding or that information contained in this affidavit or in any of those previous affidavits is incorrect or incomplete, I will promptly after learning of the same file a supplemental affidavit of assets and liabilities for resealing in Form P26 to disclose the correct and complete information.
5 In addition to the probate fees payable in relation to any property disclosed in Exhibit A, I promise to pay the Minister of Finance the probate fees payable with respect to the value of any property that passes to me as the deceased's personal representative, and that is not disclosed in Exhibit A, on a determination being made as to the value of that asset.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
Exhibit A
| This is Exhibit A referred to in the affidavit of | |
| ........................................, sworn/affirmed | |
| before me on ...............[dd/mmm/yyyy].............. | |
| ......................................................................... | |
| A commissioner for taking affidavits for | |
| British Columbia |
Supplemental Statement of Assets, Liabilities and Distribution
| Full legal name of the deceased: .......................................................................................................... [first name] [middle name(s)] [last name/family name] |
| Other names in which the deceased held or may have held an interest in property: |
| [Include all names that have been listed in Form P21.] |
| 1 |
| 2 |
| 3 etc. |
| Part I Real Property within British Columbia not disclosed or inaccurately disclosed (including mortgages and vendors' and purchasers' interests in agreements for sale) | Value at Death | |
| List item details and then list secured debt details below those items. If the deceased only has a partial interest in the property, list the names of all registered owners, including the deceased, and specify the interest that each owner has in the property as a fraction expressed in numerals. | ||
| For example: 123 Main Street, Victoria, BC PID Legal Description Market Value as per 2021 Assessment Notice Less: Prime Mortgage Company — Mortgage registered under No. 23456 | $1,000,000.00 − $600,000.00 | $400,000 |
| TOTAL REAL PROPERTY WITHIN BRITISH COLUMBIA | $400,000 | |
| Part II Tangible Personal Property within British Columbia not disclosed or inaccurately disclosed (including vehicles, furniture and other physical items) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL TANGIBLE PERSONAL PROPERTY WITHIN BRITISH COLUMBIA | ||
| Part III Intangible Personal Property within British Columbia, and Intangible Personal Property outside British Columbia, not disclosed or inaccurately disclosed that is not dealt with by the foreign grant (including bank accounts, intellectual property and other valuable items that cannot be touched by hand) | Value at Death | |
| List item details and then list secured debt details below those items | ||
| TOTAL INTANGIBLE PERSONAL PROPERTY | ||
| GROSS VALUE OF ASSETS LESS SECURED DEBTS | $400,000 | |
No. ...........................
............................. Registry
In the Supreme Court of British Columbia
In the Matter of the Estate of .....................[legal name of deceased]..........................., deceased
AUTHORIZATION TO OBTAIN RESEALING INFORMATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
TAKE NOTICE THAT ....................[name(s)]....................
1 has/have applied for the resealing of a grant issued by the .....[name of issuing court]..... on ...[dd/mmm/yyyy]... in relation to the estate of ....................[legal name of deceased]...................., also known as ....[indicate any other names by which the deceased was known]..... (the "deceased"), whose last residential address was ......................................................................................... .
2 is/are recognized as the person(s) for whom the grant will be resealed once the court is satisfied that all remaining filings and fee payments have been made, and
3 is/are authorized to obtain information about the assets and liabilities of the deceased.
AND TAKE NOTICE THAT, unless you provide to the applicant(s), within 30 days after the date on which this authorization to obtain resealing information is delivered to you, information respecting the nature and value of any assets of the estate of the deceased that are in your possession or control, the applicant(s) may make application under Rule 25-8 (2), set out below, for an order requiring delivery of that information and seeking costs from you for that application.
THIS AUTHORIZATION TO OBTAIN RESEALING INFORMATION DOES NOT AUTHORIZE THE APPLICANT(S) TO TAKE DELIVERY OF ANY OF THE ASSETS OF THE DECEASED.
| ............................................................................. Registrar |
Rule 25-8 (2) of the Supreme Court Civil Rules states:
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.
No. ............................
.............................. Registry
In the Supreme Court of British Columbia
In the Matter of the Estate of ..................[legal name of deceased]......................., deceased
IN PROBATE
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
The ......[describe grant].................... attached to this certificate has been resealed by the Supreme Court of British Columbia on .....[dd/mmm/yyyy]..... .
(Place seal below)
| By the Court. ............................................................................. Registrar |
In the Matter of the Estate of ...............[legal name of deceased]..............., deceased
NOTICE OF DISPUTE
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
TAKE NOTICE THAT I, ......................[name of person filing notice of dispute]............ (the "disputant"), oppose the taking of any action in relation to the estate of the deceased identified below who died on ........[dd/mmm/yyyy]........ .
Full legal name of the deceased: ..........................................................................................................
[first name] [middle name(s)] [last name/family name]
Other names in which the deceased held or may have held an interest in property:
1
2
3 etc.
[Check whichever one of the immediately following 2 boxes is correct and provide any required information.]
[ ] A court file has been opened in relation to the deceased's estate under court file .........[court file number]... at the ............[registry location]................ courthouse.
[ ] The disputant does not know if a court file has been opened in relation to the deceased's estate.
[Check whichever one of the immediately following 3 boxes is correct.]
[ ] The dispute does not relate to a will.
[ ] The dispute relates to a physical will.
[ ] The dispute relates to an electronic will.
The disputant is a person referred to in Rule 25-2 (2) .....[indicate paragraph of Rule 25-2 (2) that applies to the disputant]..... .
The disputant is filing this notice of dispute because ..........[state the grounds for the notice of dispute]............ .
Address for service of the disputant:
[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Street address for service: .......................................................................................................
Fax number address for service (if any): ................................
E-mail address for service (if any): ........................................
Telephone number: .............................................................
| Date: .........[dd/mmm/yyyy]........... | ...................................................................... Signature of [ ] disputant [ ] lawyer for disputant(s) .......................[type or print name].................... |
[Style of Proceeding]
[OR use the following title as the style of proceeding if the person filing this withdrawal of notice of dispute has no knowledge of any proceeding having been brought in relation to the estate of the deceased]
In the Matter of the Estate of ...............[legal name of deceased]..............., deceased
WITHDRAWAL OF NOTICE OF DISPUTE
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, ...............[name of person filing withdrawal of notice of dispute]................ withdraw the notice of dispute filed by me with this court registry on ...........[dd/mmm/yyyy]........... in relation to the estate of .............[legal name of deceased]................, deceased, who died on ........[dd/mmm/yyyy]........ .
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Signature of [ ] person filing withdrawal of notice [ ] lawyer for person filing withdrawal of notice ......................[type or print name]...................... |
[Style of Proceeding]
ORDER FOR REMOVAL OF NOTICE OF DISPUTE
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
| BEFORE |    | THE HONOURABLE JUSTICE ................ or A JUDGE OF THE COURT or ASSOCIATE JUDGE ............................................ or AN ASSOCIATE JUDGE OF THE COURT | | ......[dd/mmm/yyyy]...... |
[Set out whichever one of the immediately following 3 provisions is correct, complete the selected provision and remove the provisions that have not been selected so that they do not appear in the form when the form is filed.]
ON THE APPLICATION of ................................[person(s)]................................ coming on for hearing at ............................ on .............[dd/mmm/yyyy]............. and on hearing ...................[name of person/lawyer]................ and ................[name of person/lawyer]................;
ON THE APPLICATION of ......................[person(s)]...................... without notice coming on for hearing at ........................... on .............[dd/mmm/yyyy]............. and on hearing .....................[name of person/lawyer].....................;
ON THE APPLICATION of ......................[person(s)]...................... without a hearing and on reading the materials filed by .....................[name of person/lawyer]..................... and .....................[name of person/lawyer]................;
THIS COURT ORDERS that the notice of dispute filed in relation to the estate of ..........[legal name of deceased].........., deceased, by ..........[name of disputant].......... is removed.
| By the Court. ............................................................................ Registrar |
In the Matter of the Estate of ...............[legal name of deceased]..............., deceased
CITATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
To: ........................[name and address]........................
This citation is issued by ................[name of citor]........ (the "citor") regarding the estate of: .............[legal name of deceased]................ (the "deceased"), who died on ........[dd/mmm/yyyy]........
This citation is issued in relation to the following document that is/is alleged to be a will of the deceased: ..................[describe document and its location, if known].................... .
I believe the document exists because: ............................[set out basis for citor's belief].................... .
You are required to obtain a grant of probate in relation to the above-noted will and comply with Rule 25-11 (4) in the manner set out below.
The citor's address for service is
[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Street address for service: .......................................................................................................
Fax number address for service (if any): ..............................
E-mail address for service (if any): ......................................
Telephone number: ...............................................................
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Signature of [ ] citor [ ] lawyer for citor ......................[type or print name]......................... |
[Note that a reference to "will" in this citation includes all documents that are included within the definition of "will" in the Wills, Estates and Succession Act.]
TAKE NOTICE THAT you must comply with Rule 25-11 (4) of the Supreme Court Civil Rules.
To comply with Rule 25-11 (4), you must do the following within 14 days after being served with this citation:
(a) if you have been issued a grant of probate, serve on the citor, by ordinary service, a copy of the grant;
(b) if paragraph (a) does not apply but you have filed a submission for estate grant, serve a copy of the filed application materials on the citor;
(c) if paragraphs (a) and (b) do not apply but you have delivered a notice under Rule 25-2 (1), serve a copy of the notice documents on the citor;
(d) if none of paragraphs (a), (b) and (c) apply, serve on the citor an answer in Form P33.
AND TAKE NOTICE THAT, if you do not comply with Rule 25-11 (4), one or more of the following may occur:
(a) you may be deemed to have renounced executorship under Rule 25-11 (5);
(b) the citor or another person may apply for an estate grant in relation to the estate;
(c) an order under Rule 25-11 (6) may be obtained.
In the Matter of the Estate of .............[legal name of deceased]................., deceased
ANSWER TO CITATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
In answer to the citation to apply for probate, which citation was issued by ....[name].... and dated .........[dd/mmm/yyyy]......
[Check whichever one of the immediately following 2 boxes is correct.]
[ ] I will apply for a grant of probate and will obtain that grant within 6 months after the date on which the citation was served or within any longer period that the court may allow.
[ ] I refuse to apply for a grant of probate in respect of the document referred to in the citation and understand that, by this refusal, I am deemed to have renounced executorship.
The address for service of the executor is
[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Street address for service: .......................................................................................................
Fax number address for service (if any): ..............................
E-mail address for service (if any): ......................................
Telephone number: ...............................................................
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Signature of [ ] cited person [ ] lawyer for cited person ......................[type or print name]......................... |
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT OF DEEMED RENUNCIATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, ................[name]................, of ...............[address]..............., .......[occupation]......., SWEAR (OR AFFIRM) THAT:
1 Attached to this affidavit and marked as Exhibit A is a copy of the citation I prepared (the "citation") in relation to the estate of ...........................[legal name of deceased]..................., deceased.
2 On .....[dd/mmm/yyyy]....., at ......[time of day]......, I served .............[name of person served]........ with the citation by handing it to and leaving it with that person at ..........................[city and country].......................... .
[OR]
2 In support of this affidavit is filed the affidavit of service dated .........[dd/mmm/yyyy]......... of .....[name of person swearing affidavit of service]..... in which that person swears that the citation was served on .............[name of person served]............. .
3 I have not received service of any of the documents referred to in Rule 25-11 (4) and at least 14 days have elapsed since the citation was served on ..............[name of person served]............... .
[OR]
3 .............[name of person served]............. served on me, under Rule 25-11 (4) (b) (iii) (B), the answer to citation that is attached to this affidavit and marked as Exhibit B.
[OR]
3 .............[name of person served]............. served on me the document referred to in Rule 25-11 (4) .....[Set out whichever one of the following 3 choices is correct — (b) (i)/(b) (ii)/(b) (iii) (A)]..... and has not, alone or with others, obtained a grant of probate.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
No. .....................
................................. Registry
In the Supreme Court of British Columbia
In the Matter of the Estate of .....[legal name of deceased]....., deceased
REQUISITION FOR SUBPOENA
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
Filed by: .........................[person(s)].........................
Required: A subpoena requiring ..........................[name]....................... to deliver to the registrar the following document(s): ...........................................................................
1 This requisition for subpoena is filed under Rule 25-12 (2).
2 Attached to this requisition for subpoena is a draft of the subpoena required.
3 The evidence in support of the application is ...................................................................... . [If the evidence is an affidavit, describe that affidavit by reference to the name of the person who swore that affidavit and the date on which it was sworn, and file that affidavit with this requisition.]
[Complete the following if the filing of this requisition starts a proceeding.]
This requisition for subpoena is filed by .....................[name]....................., whose address for service is as follows:
[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Street address for service: .......................................................................................................
Fax number address for service (if any): ..............................
E-mail address for service (if any): ......................................
Telephone number: ...............................................................
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Signature of [ ] filing person(s) [ ] lawyer for filing person(s) ......................[type or print name]......................... |
No. .....................
................................. Registry
In the Supreme Court of British Columbia
In the Matter of the Estate of .......[legal name of deceased]......., deceased
WARRANT AFTER SUBPOENA
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
To any Peace Officer
WHEREAS ....................[name and address of person].................... was subpoenaed to deliver to the registry the following document(s) within 14 days after service of the subpoena and failed to comply with the subpoena:
THIS COURT ORDERS you to apprehend and bring that person promptly before the court at ............................................................ and, after that, to deal with that person as directed.
| Date: .................... | ............................................................................. A Judge of the Supreme Court of British Columbia ......................[type or print name]......................... |
[Style of Proceeding]
SUBPOENA
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
To: ......................................[name and address]..............................................
You are ordered to deliver to the probate registry at the courthouse at ...............[location]................. the following: ..................[state documents to be delivered]...................., within 14 days after service of this subpoena on you.
If any of the specified documents are not in your possession or control, you are, within the same time, to deliver to the above-noted probate registry whichever of the specified documents that are in your possession or control and to file in the above-noted probate registry an affidavit indicating which of the specified documents are not in your possession or control and setting out what knowledge you have respecting those documents.
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Registrar |
WARNING: Failure to deliver the specified documents as required by this subpoena can result in your arrest and committal to prison WITHOUT DELIVERY TO YOU OF ANY FURTHER NOTICE OR DOCUMENT.
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
AFFIDAVIT IN SUPPORT OF APPLICATION TO PASS ACCOUNTS
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ................[occupation]................., SWEAR (OR AFFIRM) THAT:
1 A ...............[specify the type of estate grant to which this affidavit applies].................. of the estate of ............................., deceased, was made to me by this court on ........[dd/mmm/yyyy]........ .
2 I have administered the estate to the best of my ability.
3 I have filed with the registrar a full and correct accounting of the estate, showing all property, money and effects and the proceeds from them that have come into my hands as personal representative, and also a full and correct statement of all disbursements, with a full and correct statement of the assets not yet disposed of.
4 I have not been awarded any compensation for my services as personal representative by this or any other court except ............................. .
5 The persons interested in the administration of the estate as beneficiaries of the deceased are as follows: ................................................, and all of them are of the full age of 19 years except ................................ .
6 I know of no creditors of the estate who still have unsettled claims against it that I consider to be valid except ....................................... .
7 The only portion of the estate that remains unadministered is as follows: ........................, and the reason it has not been administered is .................................. .
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
[Style of Proceeding]
CERTIFICATE
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I CERTIFY that the results of the inquiry, assessment or accounting ordered under Rule 25-13 (3) (b) are as follows:
1 The accounts of ........[name]........ being the executor/administrator of the estate of ........[name of deceased]........, covering the period .....[dd/mmm/yyyy]..... to .....[dd/mmm/yyyy]....., which accounts are attached to the affidavit of ........[name]........ sworn ........[dd/mmm/yyyy]........ are approved
[ ] as presented.
[ ] subject to ...............[describe condition(s)]...............
2 ..........[name].......... receive the sum of $.......... as remuneration.
3 The costs of the passing of the accounts of ..........[name].......... be payable from the estate as ...........[special costs/specified basis]...............
4 This certificate is binding on the beneficiaries without further order of the court.
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Registrar |
[This certificate may be set out in a separate document or may be endorsed on the bill of costs.]
This is the .....[1st/2nd/3rd/etc.]..... affidavit
of .............[name]............. in this case
and was made on .......[dd/mmm/yyyy].........
[Style of Proceeding]
STATEMENT OF ACCOUNT AFFIDAVIT
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ................[occupation]................, SWEAR (OR AFFIRM) THAT:
1 Attached and marked as Exhibit A is a Statement of Account for the Estate of ........................ .
2 The information set out in this statement of account is true and complete to the best of my knowledge.
| SWORN (OR AFFIRMED) BEFORE | ) | |
| ME at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
| This is Exhibit A referred to in the affidavit of | |
| ........................................, sworn (or affirmed) | |
| before me on ...............[dd/mmm/yyyy].............. | |
| ......................................................................... | |
| A commissioner for taking affidavits for | |
| British Columbia |
STATEMENT OF ACCOUNT FOR THE ESTATE OF ...................................., DECEASED
For the period from ........[insert commencement date — dd/mmm/yyyy]........ to ........[effective date of this statement of account — dd/mmm/yyyy]........ .
1 In this Statement of Account, the "commencement date" means
(a) the deceased's date of death, or
(b) if one or more statements of account have been filed in respect of the estate under Rule 25-13 (6) of the Supreme Court Civil Rules, the effective date of the most recent of those statements of account.
2 This Statement of Account consists of the following:
(a) Statement of Assets and Liabilities of the Estate of ................................................ as at ........[commencement date — dd/mmm/yyyy]........;
(b) Statement of Capital Transactions of the Estate of ............................................;
(c) Statement of Income Transactions of the Estate of ............................................;
(d) Statement of Assets and Liabilities of the Estate of ............................................... as at ........[effective date of this statement of account — dd/mmm/yyyy]........;
(e) [include only if remuneration is sought at this time] Statement of Proposed Remuneration in relation to the Estate of ....................................................................................;
(f) Statement of Distribution of the Estate of .................................................................;
(g) Statement of Proposed Distribution of Residue of the Estate of ............................... .
Statement of Assets and Liabilities of the Estate of ................................
as at ........[commencement date — dd/mmm/yyyy]........
| Item | Assets [Describe estate assets, or include that information in an attached Schedule and bring forward totals here.] | Asset Values [Set out fair market value as at the commencement date of this statement of account.] |
| A1 | ||
| A2 | ||
| Total asset values $.................. |
| Item | Liabilities [Describe liabilities of estate, or include that information in an attached Schedule and bring forward totals here.] | Liabilities [Set out amount of liability as at the commencement date.] |
| B1 | ||
| B2 | ||
| Total amount of liabilities $.................. |
Statement of Capital Transactions of the Estate of ................................
For the period from ........[commencement date — dd/mmm/yyyy]........
to ........[effective date of this statement of account — dd/mmm/yyyy]........
| Item [list in chronological order] | Date [date of transaction — dd/mmm/yyyy] | Transaction [Describe transactions, or include that information in an attached Schedule and bring forward totals here.] | Debit | Credit |
| C1 | ||||
| C2 | ||||
| Total of debits $...................... | Total of credits $...................... |
Statement of Income Transactions of the Estate of ................................
For the period from ........[commencement date — dd/mmm/yyyy]........
to ........[effective date of this statement of account — dd/mmm/yyyy]........
| Item [list in chronological order] | Date [date of transaction — dd/mmm/yyyy] | Transaction [Describe transactions, or include that information in an attached Schedule and bring forward totals here.] | Debit | Credit |
| D1 | ||||
| D2 | ||||
| Total of debits $...................... | Total of credits $...................... |
Statement of Assets and Liabilities of the Estate of ................................
as at........[effective date of this statement of account — dd/mmm/yyyy]........
| Item | Assets [Describe each estate asset, or include that information in an attached Schedule and bring forward totals here.] | Asset Values [Set out fair market value as at the effective date of this statement of account.] |
| E1 | ||
| E2 | ||
| Total asset values $.................. |
| Item | Liabilities [Describe each liability of estate, or include that information in an attached Schedule and bring forward totals here.] | Liabilities [Set out amount of liability as at the effective date of this statement of account.] |
| F1 | ||
| F2 | ||
| Total amount of liabilities $.................. |
Statement of Proposed Remuneration in Relation to the Estate of ...............................
[Complete if remuneration is sought at this time.]
| Capital Fee | |
| (A) Proceeds of disposition of capital assets realized since the commencement date | $ |
| (B) Market value of capital assets, realized or transferred since the commencement date, in respect of which no proceeds of disposition have been obtained | $ |
| (C) Current value of unrealized capital assets included, on the commencement date, in the estate | $ |
| (D) Gross aggregate value of capital assets of estate — [(A) + (B) + (C)] | $ |
| (E) Capital Fee — (D) × ........% [insert claimed percentage, up to a maximum of 5%] | $ |
| Income Fee | |
| (F) Gross income earned by the estate for the period from ....[commencement date — dd/mmm/yyyy].... to .....[effective date of this statement of account — dd/mmm/yyyy]..... except interest income already capitalized and included in (D) | $ |
| (G) Income Fee — (F) × ........% [insert claimed percentage, up to a maximum of 5%] | $ |
| Care Management Fee [Prepare one set of the following calculations for each reporting period following the commencement date, where a reporting period is each calendar year, or portion, from date of death to the date of final distribution.] | |
| (H) Market value of estate assets as at the beginning of the reporting period | $ |
| (I) Market value of estate assets at the end of the reporting period | $ |
| (J) Average market value of estate assets for the reporting period [(H) + (I)] / 2 | $ |
| (K) Care and Management Fee for reporting period [(J) × 0.4%] | $ |
| Total of Fees Claimed | |
| (L) Total remuneration sought — [(E) + (G) + (the total of every (K) determined for a reporting period following the commencement date)] | $ |
Statement of Distribution of the Estate of ...............................
Specific Bequests and Legacies
| Item | Distribution (Yes/No) | Date of Distribution | Beneficiary |
Residue of Estate
| (R1) Market value of estate assets at the effective date of this statement of account | $ |
| (R2) Applicant's estimated reserve for final income tax, accounting and legal costs and remuneration | $ |
| (R3) Distributable estate (R1) − (R2) | $ |
Statement of Proposed Distribution of Residue of the Estate of ...............................
| Beneficiary [Identify beneficiaries who receive assets or cash from residue.] | Assets [Identify assets distributed to the named beneficiary and the market value of those assets.] | Cash [Indicate amount of cash distributed to the named beneficiary.] |
| [Name] | $ | |
| [Name] | $ | |
| [Name] | $ | |
| [Name] | $ |
No. .....................
................................. Registry
In the Supreme Court of British Columbia
In the Matter of the Estate of .......[legal name of deceased]......., deceased
REQUISITION — ESTATES
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
Filed by: .........................[person(s)].........................
Required:
1 The rule or other enactment relied on is ...............[set out rule or enactment relied on].............. .
2 Attached to this requisition is a draft of the order required.
3 The evidence in support of the application is ............................................ .
[Complete the following if the filing of this requisition starts a proceeding.]
This requisition is filed by .....................[name]....................., whose address for service is as follows:
[You must set out the street address of the address for service. One or both of a fax number and an e-mail address may be given as additional addresses for service.]
Street address for service: .......................................................................................................
Fax number address for service (if any): ..............................
E-mail address for service (if any): ......................................
Telephone number: ...............................................................
| Date: .........[dd/mmm/yyyy]........... | ............................................................................. Signature of [ ] filing person(s) [ ] lawyer for filing person(s) ........................[type or print name]........................ |
[Style of Proceeding]
NOTICE OF APPLICATION (SPOUSAL HOME OR DEFICIENCIES IN WILL)
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
Name(s) of applicant(s): ..................................................................
To: ..................[name(s)]..................
TAKE NOTICE that an application will be made by the applicant(s) to the presiding judge or associate judge at the courthouse at ......................[address of registry in which the proceeding is being conducted]...................... on ........[date]........ at .........[time of day]........ for the order(s) set out in Part 1 below.
The applicant(s) estimate(s) that the application will take ...........[time estimate]........... .
[Check whichever one of the following boxes is correct.]
[ ] This matter is within the jurisdiction of an associate judge.
[ ] This matter is not within the jurisdiction of an associate judge.
PART 1 — ORDER(S) SOUGHT
[Check whichever one or more of the following boxes are correct and, using sequentially numbered paragraphs, set out the order(s) that will be sought at the application and indicate against which person(s) the order(s) is(are) sought.]
[ ] The applicant(s) seek(s) the following order(s) under section 30 of the Wills, Estates and Succession Act:
1
2
[ ] The applicant(s) seek(s) the following order(s) under section 33 of the Wills, Estates and Succession Act:
3
4
[ ] The applicant(s) seek(s) the following order(s) under section 58 of the Wills, Estates and Succession Act:
5
6
[ ] The applicant(s) seek(s) the following order(s) under section 59 of the Wills, Estates and Succession Act:
7
8
PART 2 — FACTUAL BASIS
[Using numbered paragraphs, set out a brief summary of the facts supporting the application.]
1
2
[If any person sues or is sued in a representative capacity, identify the person and describe the representative capacity.]
PART 3 — LEGAL BASIS
[Using paragraphs numbered sequentially from Part 2 above, specify any rule or other enactment relied on and provide a brief summary of any other legal arguments on which the applicant(s) intend(s) to rely in support of the orders sought. If appropriate, include citation of applicable cases.]
3
4
PART 4 — MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with the notice of application and any other affidavits and other documents already in the court file on which the applicant(s) will rely. Each affidavit included on the list must be identified as follows: "Affidavit #........[sequential number, if any, recorded in the top right hand corner of the affidavit]........ of ......................[name]......................, made ........[date]........".]
1
2
[Check whichever one of the following boxes is correct.]
[ ] I am not obliged under section 29 (1) (c) of the Wills, Estates and Succession Act to deliver a filed copy of this notice of application to the Public Guardian and Trustee.
[ ] I am obliged under section 29 (1) (c) of the Wills, Estates and Succession Act to deliver a filed copy of this notice of application to the Public Guardian and Trustee.
TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to this notice of application, you must, within 5 business days after service of this notice of application or, if this application is brought under Rule 9-7, within 8 business days after service of this notice of application,
(a) file an application response in Form 33,
(b) file the original of every affidavit, and of every other document, that
(i) you intend to refer to at the hearing of this application, and
(ii) has not already been filed in the proceeding, and
(c) serve on the applicant 2 copies of the following, and on every other person to whom notice of this application must be provided one copy of the following:
(i) a copy of the filed application response;
(ii) a copy of each of the filed affidavits and other documents that you intend to refer to at the hearing of this application and that have not already been served on that person;
(iii) if this application is brought under Rule 9-7, any notice that you are required to give under Rule 9-7 (9).
| Date: .........[date]................ | ............................................................................. Signature of [ ] applicant [ ] lawyer for applicant(s) ........................[type or print name]........................ |
| ||||
No. .....................
................................. Registry
In the Supreme Court of British Columbia
Between
, Petitioner(s)
and
, Respondent(s)
[or, if there is no person against whom relief is sought:
Re: ........[State the person by whom, or the entity in respect of which, relief is sought.]........]
PETITION TO THE COURT — ESTATE PROCEEDINGS
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
ON NOTICE TO:
................[name and address of each person to be served]................
The address of the registry is:
The petitioner(s) estimate(s) that the hearing of the petition will take ...........[time estimate]........... .
This proceeding is brought for the relief set out below, by
[Check whichever one of the following boxes is correct and complete any required information.]
[ ] the person(s) named as petitioner(s) in the style of proceedings above
[ ] ...............[name(s)]................. (the petitioner(s) )
If you intend to respond to this petition, you or your lawyer must
(a) file a response to petition in Form 67 in the above-named registry of this court within the time for response to petition described below, and
(b) serve on the petitioner(s)
(i) 2 copies of the filed response to petition, and
(ii) 2 copies of each filed affidavit on which you intend to rely at the hearing.
Orders, including orders granting the relief claimed, may be made against you, without any further notice to you, if you fail to file the response to petition within the time for response.
Time for response to petition
A response to petition must be filed and served on the petitioner(s),
(a) if you were served with the petition anywhere in Canada, within 21 days after that service,
(b) if you were served with the petition anywhere in the United States of America, within 35 days after that service,
(c) if you were served with the petition anywhere else, within 49 days after that service, or
(d) if the time for response has been set by order of the court, within that time.
| (1) | The ADDRESS FOR SERVICE of the petitioner(s) is: ..........[Set out the street address of the address for service for each petitioner. One or both of a fax number and an e-mail address may be given as additional addresses for service.].......... Fax number address for service (if any) of the petitioner(s): E-mail address for service (if any) of the petitioner(s): |
| (2) | The name and office address of the petitioner's(s') lawyer is: |
Claim of the Petitioner(s)
Part 1: ORDER(S) SOUGHT
The petitioner(s) seek(s) the following order(s):
1 [Check whichever one or more of the following boxes are correct and, using sequentially numbered paragraphs, set out the order(s) being sought and indicate against which person(s) the order(s) is(are) sought.]
[ ] The petitioner(s) seek(s) the following order(s) under section 30 of the Wills, Estates and Succession Act:
1
2
[ ] The petitioner(s) seek(s) the following order(s) under section 33 of the Wills, Estates and Succession Act:
3
4
[ ] The petitioner(s) seek(s) the following order(s) under section 58 of the Wills, Estates and Succession Act:
5
6
[ ] The petitioner(s) seek(s) the following order(s) under section 59 of the Wills, Estates and Succession Act:
7
8
Part 2: FACTUAL BASIS
[Using numbered paragraphs, set out the material facts on which this petition is based.]
1
2
Part 3: LEGAL BASIS
[Using paragraphs numbered sequentially from Part 2 above, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petitioner(s) intend(s) to rely in support of the orders sought.]
3
4
Part 4: MATERIAL TO BE RELIED ON
[Using numbered paragraphs, list the affidavits served with the petition. Each affidavit included on the list must be identified as follows: "Affidavit #..........[sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ..........[name].........., made ........[date]........".]
1
2
| Date: ................[date]................. | ............................................................................. Signature of [ ] petitioner [ ] lawyer for petitioner(s) ........................[type or print name]....................... |
| ||||
[Style of Proceeding]
NOTICE OF WITHDRAWAL OF APPLICATION
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
Filed by: .........................[applicant(s)].........................
TAKE NOTICE that the applicant(s), ..............................[name(s)].............................., withdraw(s) ........[the applicant('s/s')]........ application for estate grant
| Date: ................[dd/mmm/yyyy]................. | ............................................................................. Signature of [ ] applicant [ ] lawyer for applicant(s) ..........................[type or print name]...................... |
[Style of Proceeding]
AFFIDAVIT OF ELECTRONIC WILL
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, ................[name]................, of ................[address]................, ................[occupation]................., SWEAR (OR AFFIRM) THAT:
[Use whichever of the immediately following 2 statements is correct and provide the required information.]
I confirm that the original electronic form of the will is ...[indicate format — MS Word, Apple Pages, Google Doc, etc.] ..... . Before creating a physical copy or creating a digital reproduction of the will in a Portable Document Format (PDF) to submit to the court registry as part of this application, I ensured that the last date the original electronic form of the will was edited is the same date that the electronic will was signed and witnessed, by checking in the following manner .....[provide explanation] .......
I confirm that the original electronic form of the will is ...[indicate format — MS Word, Apple Pages, Google Doc, etc.] .... . Before creating a physical copy or creating a digital reproduction of the will in a Portable Document Format (PDF) to submit to the court registry as part of this application, I ensured that the original electronic form of the will was locked to prevent editing in the following manner ........[describe how will was locked to prevent editing]............
| SWORN (OR AFFIRMED) BEFORE ME | ) | |
| at ........................., British Columbia | ) | |
| on ..........[dd/mmm/yyyy].......... . | ) | ............................................................................ |
| ) | ||
| .......................................................... | ) | |
| A commissioner for taking | ) | |
| affidavits for British Columbia | ) | |
| ....[print name or affix stamp of commissioner].... |
[Style of Proceeding]
DEMAND FOR ELECTRONIC WILL
[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]
I, .......................[name]......................., of .....................[address]....................., in accordance with Rule 25-2 (1.1), require you, ...[insert name of applicant who gave you a Form P1 notice]... to provide me with either the will of ....[insert name of deceased]....in its original electronic form or access to the third-party electronic repository where the will of ....[insert name of deceased]... is stored, if this is where the sole copy of the will in its original electronic form can be accessed.
If there are expenses in order to access the third-party electronic repository where the will of ....[insert name of deceased]....is stored for the purpose of viewing the will, then, in accordance with Rule 25-15, you must reimburse me for those expenses.
You have 7 days to comply with this demand.
If I am concerned about the validity of the will, I am entitled to file a Notice of Dispute at any time and may choose to do so before the expiry of the 21-day notice period referred to in Form P1 Notice of Proposed Application in Relation to Estate, in order to prevent a grant from issuing to you, so that I have time to assess the electronic will. A Notice of Dispute filed must not be removed until it expires or is withdrawn by me or by order of the court.
| Date: ................[dd/mmm/yyyy]................. | ............................................................................. Signature of notice recipient ........................[type or print name]........................ |
Contents | Parts 1 to 9 | Parts 10 to 20 | Parts 21 to 24 | Part 25 | Appendix A | Appendix A.1 | Appendix B | Appendix C
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