Common Questions
I'm trying to find a willLast reviewed in February 2023 by the Clicklaw Editors.
Here are some steps you can take to find a will:
- First, search the Vital Statistics Wills Registry for a Wills Notice. This can take several weeks. It contains the location of the will at the time of filing, but does not contain a copy of the will. Anyone can search for a Wills Notice if the will-maker (testator) has passed away, but if the will-maker is alive, only the will-maker or a lawyer can do the search. A will-maker does not have to file a Wills Notice, but it is recommended.
- Do a Basic Search of the Nidus Personal Planning Registry for the will-maker. If the will-maker shows up as an Account Holder, they could have registered a copy of the will in the Personal Planning Registry.
- If the will has been probated, you can contact the appropriate Supreme Court Registry to find out if they have the will and how much it is to get a copy of the will. Read more about how to do this in the Common Question, “How do I know if a will has been probated?”
- If you’re trying to locate lost files and wills, you can contact the Law Society of British Columbia for assistance.
- If someone died without making a will, People’s Law School has a guide called When Someone Dies without a Will that you can use to learn more about what you can do.
Need More Help?
- If you have more questions or need further help, Courthouse Libraries BC has a guide on Where do I Find Wills and Probate Records? Courthouse Libraries BC also has a guide on Wills & Personal Planning Resources for the legal community that you can use at their locations.
- Lawyer Referral Service, from Access Pro Bono, offers a free, brief initial consultation with a lawyer to determine your legal needs. If you would like further help from your lawyer, you can retain them at an agreeable rate of charge.
- Find more help near you on the Clicklaw HelpMap.
See our related common questions:
- I’m the executor and am doing the work myself
- I'm applying for probate; where can I find the forms required?
- How do I know if a will has been probated?
- See all common questions about wills & estates
Some quick definitions:
The Executor is the person named in the will to carry out the will-maker's instructions. For example, the executor distributes property in the estate (land, personal items, etc. that the will-maker owned at time of death). If the estate includes things like real estate that is not jointly owned, the executor will have to apply for Probate.
Probate is a way of getting the court to say a will is legally valid. This involves filling out the necessary forms and submitting them to the Probate Registry of any Supreme Court in BC.
If there is no executor because the deceased person passed without a valid will (intestate) OR had a valid will but the appointed executor cannot act, a person can apply to become Administrator of the estate. The administrator will have similar duties to an executor.
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