What is a “Wills Search” in Probate?

A Wills Search is a mandatory requirement of the wills probate process in British Columbia. In B.C., Vital Statistics Agency maintains the Wills Registry. The Wills Registry is used to: 

• Register the location of a Will by filing a Wills Notice; and
• Search for a Wills Notice as part of an estate probate.

The latter is what is called a Wills Search. After you have passed away, your executor may need to probate your Will in order to settle your estate. If probate is necessary, the executor must conduct a Wills Search and include the results with the application for probate. If the deceased filed a Wills Notice, the search results should provide the following information:

• The date the deceased signed the Will
• Where the Will is located or stored at that time
• The date the Vital Statistics Agency received the Wills Notice

Thus, the search provides valuable information regarding the Will.

To perform a Wills Search, you must either provide the documentation (and appropriate payment) to apply if the testator is deceased; however, if the testator is alive, only the testator or a lawyer can request a Wills Search.

Another feature of a Wills Search is that you can request as many additional names that the testator may have used for their property for an additional cost.

For any questions regarding wills search, or probate please contact our office and someone one our wills and estates team will be happy to help!