Notice of Proposed Application (Form P1)

Part 2 of 3 walking you through completing probate forms in British Columbia, Canada. Created in May 2020 and reviewed in April 2023. People's Law School explains the probate process: www.peopleslaw...

[@gailheather1041]

it would be great if one could print out the forms!

[@gigglecheeks123]

The form you show is not the one at the Supreme Court website

[@plsbc]

The court has made some small changes to item 6 on the form, Information about the Application, adding a couple of more options. Everything covered in the video continues to be accurate. For those looking for the form, it can be found on the court website: www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/probate-forms

[@meltmtl8317]

What happens when there is no will, and only one descendent? Who are you supposed to inform of the grant of administration ..?

[@beanbeandood22]

If no spouse, then just that descendant, if they are an adult (19 and older). If a minor, or an adult mentally incapable of making decisions on their own, there are other exceptions. See this KZbinr’s website’s article on Applying for Grant of Administration for such other scenarios (i.e., minors etc.).

[@babybunnie1840]

What if you are the sole beneficienary and you dont want the executors to be the executors? The executors have been dishonest and not in good faith and cooperative with the family who they were caring for and the beneficiearies? Can you challenge the executors ? How much cost and time would be to proceed with this issue? The executors can take a 5 percent commision being the executors I was told. If the beneficiercy does the executorship then it is cheaper except the lawyer costs?

[@plsbc]

We have a webinar on dealing with a problem executor: www.peopleslawschool.ca/webinar/problem-executor/

[@DL-bl6qp]

If you are getting a lawyer, does the lawyer file for grant of probate on the executor’s behalf? If yes, do you put the lawyer as the applicant on the P1 form or the executor’s?

[@plsbc]

The applicant is the executor or administrator seeking the grant of probate or administration so they can handle the estate. (Not the person who files the paperwork on their behalf.)

[@johnkirbyson6779]

If my brother and I are both named as executors and we are both the only beneficiaries, do we need to complete a P1 form?

[@plsbc]

Depending on the specific circumstances, there can be people other than beneficiaries who need to be notified via the P1 form. See our page on probating the will, under apply for probate, step 1. www.peopleslawschool.ca/probating-will/

[@dennismarilynlissimore3964]

Does this form have to be included in the Probate submission application

[@plsbc]

No, the P1 form is *not* included in the forms submitted to the Probate registry when applying for the probate grant.