Example 1 – Simple Probate with a Valid Will (Single Executor)
Scenario:
Mary Thompson dies leaving a valid original Will naming her son John as executor and sole beneficiary. Assets: house (in her name only), chequing account, and car. No minors, no disputes.
Type of application:
Grant of Probate (representation grant with will).
Documents to file:
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Form P1 – Notice of Proposed Application, served on any alternate executor(s) or other beneficiaries (if any).
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Form P2 – Submission for Estate Grant.
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Form P3 – Affidavit of Applicant for Grant of Probate (John signs as executor).
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Form P9 – Affidavit of Delivery (proves service of P1).
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Form P10 – Affidavit of Assets and Liabilities for Domiciled Estate (lists the property, bank accounts, etc.).
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Original Will and death certificate attached.
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Registry filing: Supreme Court (Probate Registry) nearest to deceased’s residence.
Outcome: John receives a Grant of Probate and can transfer title to himself, close accounts, and distribute estate.
Example 2 – Probate with Multiple Executors (One Renounces)
Scenario:
Robert’s Will names both of his daughters, Jane and Emily, as co-executors. Jane agrees to act; Emily lives abroad and renounces.
Type of application:
Grant of Probate (with renunciation).
Documents to file:
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P1 – Notice of Proposed Application.
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P2 – Submission for Estate Grant.
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P4 – Affidavit of Applicant for Grant of Probate (with other executors renouncing).
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P9 – Affidavit of Delivery.
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P10 – Assets and Liabilities Affidavit.
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Renunciation – Form P17 (Emily’s renunciation of executorship).
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Original Will + death certificate.
Outcome: The Court issues the grant to Jane alone.
Example 3 – Administration (No Will / Intestacy)
Scenario:
David dies without a Will, survived by his wife Susan and two adult children. Assets: house (titled solely to David), savings account.
Type of application:
Grant of Administration (intestate estate).
Documents to file:
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P1 – Notice of Proposed Application (serve to both adult children).
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P2 – Submission for Estate Grant.
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P5 – Affidavit of Applicant for Grant of Administration (No Will).
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P9 – Affidavit of Delivery.
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P10 – Assets & Liabilities Affidavit.
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Renunciations (if any child does not apply) — P17 for each child who renounces their equal right to apply.
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Death certificate.
Outcome: Susan receives the Grant of Administration and can manage and distribute the estate under WESA’s intestacy rules.
Example 4 – Administration with Will Annexed (Executor Deceased or Declines)
Scenario:
Patricia left a Will naming her brother Paul as executor, but Paul died before her. The Will names no alternate executor. Her niece, Karen (the sole beneficiary), is willing to act.
Type of application:
Grant of Administration with Will Annexed.
Documents to file:
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P1 – Notice of Proposed Application (serve to all interested beneficiaries).
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P2 – Submission for Estate Grant.
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P5 – Affidavit of Applicant for Grant of Administration with Will Annexed.
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P9 – Affidavit of Delivery.
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P10 – Assets & Liabilities Affidavit.
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Renunciation or proof that the named executor (Paul) is deceased.
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Original Will + death certificate.
Outcome: Karen receives a Grant of Administration with Will annexed—meaning she administers the estate according to Patricia’s Will, though she wasn’t the named executor.
Example 5 – Holograph Will or Will with Irregularities
Scenario:
George wrote a handwritten (holograph) Will leaving his assets to his son Mark. The Will is signed and dated but has crossed-out words.
Type of application:
Grant of Probate (irregular Will).
Documents to file:
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P1 – Notice of Proposed Application.
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P2 – Submission for Estate Grant.
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P4 – Affidavit of Applicant (with issues or irregularities).
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P9 – Affidavit of Delivery.
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P10 – Assets & Liabilities.
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Affidavit re: handwriting or irregularities – Form P12 (supporting proof of authenticity).
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Original Will (even if handwritten).
Outcome: Registry may refer to a Registrar for direction if authenticity is uncertain; otherwise, the grant issues after review.
Example 6 – Estate with a Minor or Incapable Beneficiary
Scenario:
Linda’s Will divides her estate equally among three children, one of whom is 15 years old.
Type of application:
Grant of Probate (minor beneficiary).
Documents to file:
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P1 – Notice of Proposed Application, also served on the Public Guardian and Trustee (PGT) for the minor.
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P2, P3, P9, P10 – Standard probate forms.
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PGT Comments letter (the PGT will charge a $315 fee and issue a comment sheet to be filed with the court).
Outcome: The grant issues once the PGT confirms notice compliance. Executor must later hold or transfer the minor’s share in trust.
Example 7 – Foreign Grant (Resealing a Grant from Another Jurisdiction)
Scenario:
A deceased resident of Alberta held real property in BC. The Alberta estate already has a Grant of Probate.
Type of application:
Resealing of Foreign Grant (Ancillary Grant).
Documents to file:
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P1 – Notice of Proposed Application (serve to any BC-based heirs).
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P2 – Submission for Estate Grant.
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P21–P26 – Forms specific to resealing foreign grant.
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Authenticated copy of the foreign Grant (e.g., Alberta Surrogate Grant) and Will.
Outcome: Once resealed, the Alberta executor can deal with BC assets as though the grant was originally issued here.
Summary Table (Quick Reference)
Scenario Type of Grant Key Forms Extras
Simple Will Probate P1, P2, P3, P9, P10 Will + Death Certificate
Executor Renounces Probate P1, P2, P4, P9, P10, P17 Renunciation (P17)
No Will Administration P1, P2, P5, P9, P10, P17 Intestacy priority
Executor Dead Admin w/ Will AnnexedP1, P2, P5, P9, P10 Proof of death
Holograph Will Probate (irregular)P1, P2, P4, P9, P10, P12 Handwriting affidavit
Minor Beneficiary Probate P1, P2, P3, P9, P10 + PGT notice PGT comments
Foreign Grant Reseal P1, P2, P21–P26 Authenticated foreign grant