Rule 25-2 of the Supreme Court Civil Rules requires Notice to be sent to beneficiaries, next of kin, and sometimes others, “at least 21 days” before the Executor files the Probate application materials with the Court.
Section 121 of the Wills Estates and Succession Act requires that Notice, in accordance with Rule 25-2, be mailed or delivered to each person, who to the best of the applicant’s knowledge is either a beneficiary of the Estate under the Will, and entitled to inherit on an intestacy, or partial intestacy (meaning when the deceased passed away without a Will).
The rationale for this Rule is to give interested parties a reasonable period to respond before a Probate Application is processed.
Thus, it is extremely important to note that, if you are considering disinheriting a spouse or a child, keep in mind that when you pass away, they will still be entitled to Notice that Probate of your Estate is being applied for and will be entitled to receive a copy of your Will.
This is important information for people who are trying to plan around and estranged child who they do not wish to provide for. Many people do not realize that this child will get Notice they have passed, a copy of their Will and could, at that point, decide to contest the Estate.
This is provided as information ONLY; it should NOT be construed as legal advice. You should consult with a lawyer to provide you with specific advice for your own situation. For more information on Estate Planning and to discuss your specific circumstances, please contact Vanessa DeDominicis on 250-869-1140 or [email protected]. Vanessa practices in the area of Real Estate and Wills/Estates at Pushor Mitchell LLP in Kelowna and would be more than happy to assist you!
