Wills Notice Search

A Wills Notice Search is a search of the BC Vital Statistics Wills Registry to determine whether a deceased person filed a wills notice, and if so, where their will is located. It is used in the probate process to help confirm the existence and whereabouts of a will before applying for a grant of probate or administration under the Wills, Estates and Succession Act (WESA). The search does not retrieve the actual will itself, only the notice of where it is kept.

When a property owner dies, their real property in BC typically cannot be transferred or sold until the estate is properly administered under the Wills, Estates and Succession Act (WESA). A Wills Notice Search helps identify whether a valid will exists and who the executor is, which is essential for confirming that the correct person has the legal authority to deal with and convey the deceased's real property.

The Wills Registry is administered by BC Vital Statistics, which is part of the BC Ministry of Health. Wills notices are filed with and maintained by BC Vital Statistics, and authorized parties can submit a search request to that office to determine whether a wills notice is on file for a deceased individual.

A Wills Notice Search reveals whether a wills notice was filed, the date it was filed, and the location or custodian of the will as recorded in the notice. It does not disclose the contents of the will itself. This information assists estate representatives and legal counsel in locating the will for probate proceedings under the Wills, Estates and Succession Act (WESA).

Filing a wills notice with BC Vital Statistics is not mandatory under the Wills, Estates and Succession Act (WESA); it is a voluntary step a testator or their lawyer may take to make the will easier to locate after death. If a Wills Notice Search returns no result, it does not necessarily mean no will exists — the deceased may simply have chosen not to file a notice, meaning other inquiries may be needed to locate any will.

Under the Wills, Estates and Succession Act (WESA), a grant of probate or letters of administration from the BC Supreme Court is generally required before an executor or administrator can transfer real property owned solely by a deceased person. Conducting a Wills Notice Search is a practical early step to locate the will, identify the executor, and support the application for that grant, which is a prerequisite to completing a real estate transaction involving estate property.

A real estate licensee licensed under the Real Estate Services Act (RESA) and regulated by the BC Financial Services Authority (BCFSA) can assist a client by explaining what a Wills Notice Search is and directing them to the appropriate resource, but the search itself is typically conducted by a lawyer or notary public who handles the estate and probate matters. Licensees should refer clients to qualified legal professionals for estate-related searches and proceedings.

A Wills Notice Search may be requested by the person who filed the wills notice, certain authorized representatives upon the death of the testator, or legal counsel acting on behalf of the estate. BC Vital Statistics sets out the specific eligibility criteria for who may request a search, and applicants should consult BC Vital Statistics directly or retain a lawyer or notary to conduct the search on the estate's behalf.

The Wills, Estates and Succession Act (WESA) provides the legal framework for wills, estate administration, and succession in BC, including the role of wills notices in helping locate a deceased person's will. Information obtained from a Wills Notice Search is used in the context of estate administration to identify the will's location and facilitate the probate application; it does not on its own constitute proof of the will's validity, which is determined through the probate process in the BC Supreme Court.

A Wills Notice Search is conducted through BC Vital Statistics to locate a deceased person's will, while a title search is conducted through the BC Land Title and Survey Authority (LTSA) to confirm registered ownership, charges, and encumbrances on a specific property. Both searches serve distinct purposes in an estate real estate transaction: the Wills Notice Search supports the probate process under the Wills, Estates and Succession Act (WESA), while the title search confirms the property's legal status and is necessary to facilitate any eventual transfer of title.