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Legal & Conveyancing

Wills Notice Search

What is Wills Notice Search in British Columbia?

As of Official source: BC Government — Wills Registry · BC Government — Wills Registry

General information only — not legal, tax, financial, or real-estate advice. Verify with a licensed BC professional before acting.

A Wills Notice Search is a search of the Wills Registry maintained under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, conducted to determine whether a deceased person filed a wills notice and to identify where the original will is stored. The search is typically required during the probate process before a grant of probate or administration can be obtained in BC. It helps confirm the existence and location of the most recent will, supporting the orderly transfer of estate assets, including real property. Verify current procedures and requirements with a BC lawyer or notary.

Frequently Asked Questions

What is a Wills Notice Search in British Columbia?

A Wills Notice Search is a search of the BC Vital Statistics Wills Registry to determine whether a wills notice has been filed for a deceased person and, if so, to identify the location of the will. Under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, this registry is maintained to help executors, beneficiaries, and estate administrators locate wills during probate. The search does not retrieve the actual will document, only the location information filed by the will-maker or their lawyer or notary.

Who can file a wills notice in the BC Vital Statistics Wills Registry?

Under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, a will-maker (testator) or their lawyer or notary public may file a wills notice with BC Vital Statistics. The notice records where the original will is stored, such as at a law office, notary office, or with the will-maker. Filing a wills notice is optional but recommended to assist estate administrators in locating the will after death.

Is filing a wills notice mandatory in British Columbia?

No, filing a wills notice with the BC Vital Statistics Wills Registry is not mandatory under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13. It is a voluntary service designed to help executors and beneficiaries locate a will after the testator's death. However, many BC lawyers and notaries encourage clients to file a wills notice to reduce the risk of a will being lost or overlooked during estate administration.

How does a Wills Notice Search help with real estate transfers after death?

When a property owner dies, their real estate may pass to beneficiaries through a will or intestacy (no will). A Wills Notice Search conducted under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, helps the executor or estate administrator locate the will to determine who inherits the property and to apply for probate (Grant of Probate) or administration (Grant of Administration) if required under the Land Title Act, RSBC 1996, c. 250. Without locating the will, transferring title to the correct beneficiaries on the BC Land Title Register can be significantly delayed or complicated.

Where do I obtain a Wills Notice Search in British Columbia?

A Wills Notice Search is obtained from BC Vital Statistics, which maintains the Wills Registry under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13. Searches can typically be requested online through the BC government's vital statistics portal (www.gov.bc.ca) or by mail. Fees apply (as of 2026-07-27 — verify current). You will generally need the deceased person's full name, date of birth, and date of death to conduct a search.

What information does a Wills Notice Search provide?

A Wills Notice Search provides the location where the will is stored and the name of the law firm, notary, or other custodian holding the original will, as filed with the BC Vital Statistics Wills Registry under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13. The search result does not include a copy of the will itself or any details about its contents. To obtain the actual will, the executor or estate administrator must contact the custodian listed in the search result.

Can I update or cancel a wills notice after it has been filed?

Yes, under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, a will-maker or their authorized representative (such as a lawyer or notary) may update or cancel a wills notice filed with BC Vital Statistics if the will has been moved, revoked, or replaced. This helps ensure the Wills Registry information remains current. Contact BC Vital Statistics directly for the process and any applicable fees (as of 2026-07-27 — verify current).

What happens if no wills notice is found in a Wills Notice Search?

If no wills notice is found, it does not mean the deceased did not have a will; it only means no notice was filed with the BC Vital Statistics Wills Registry. Under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, the executor or estate administrator should still search other likely locations (the deceased's home, safe deposit box, lawyer, or notary offices) and may need to advertise for the will or apply for a Grant of Administration if no will is ultimately located. Verify next steps with a BC lawyer or notary before proceeding.

Who is entitled to request a Wills Notice Search in BC?

Under the Wills, Estates and Succession Act (WESA), SBC 2009, c. 13, and BC Vital Statistics policies, a Wills Notice Search is generally available to executors, estate administrators, beneficiaries, or other persons with a legitimate interest in the deceased's estate. Proof of death (such as a death certificate) and identification are typically required (as of 2026-07-27 — verify current requirements). Access rules are governed by privacy and vital statistics legislation; verify eligibility and process with BC Vital Statistics or a BC lawyer or notary before requesting a search.

How much does a Wills Notice Search cost in British Columbia?

The fee for a Wills Notice Search from BC Vital Statistics is set by regulation and subject to change; the current fee is available on the BC government website (www.gov.bc.ca) or by contacting BC Vital Statistics directly (as of 2026-07-27 — verify current fee). Payment methods and processing times may also vary. For the most accurate and up-to-date fee schedule, verify with BC Vital Statistics or consult a BC lawyer or notary assisting with the estate.

Authoritative Sources

Verify the specific statutory language, thresholds, deadlines and current guidance directly with the governing authority:

Related BC Real Estate Terms — Legal & Conveyancing
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Doug LeMaire, REALTOR®
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Doug LeMaire, REALTOR®
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