Wills & Estates Lawyer in Surrey, BC
We help clients plan for the future and guide families through the administration of an estate with clarity and care. Our wills and estates practice covers everything from comprehensive estate planning to probate, estate administration, and estate litigation, so your wishes are honoured and your loved ones are protected.
Areas of Mastery
Will Preparation & Estate Planning
Drafting comprehensive wills tailored to your circumstances, along with broader estate planning strategies to protect your assets and provide for your family.
Probate & Estate Administration
Guiding executors and administrators through the probate process, including obtaining a Grant of Probate or Grant of Administration and administering the estate in accordance with British Columbia law.
Estate Litigation & Wills Variation
Representing clients in contested estate matters, including wills variation claims under the Wills, Estates and Succession Act (WESA) and disputes among beneficiaries.
Trusts & Powers of Attorney
Establishing and administering trusts, and preparing powers of attorney to protect your interests in the event of incapacity.
The BC Probate and Estate Administration Process
Locate the will and confirm the executor
The named executor (or, if there's no will, the person applying to administer the estate) gathers the original will, the death certificate, and a general picture of the estate's assets and debts before anything is filed with the court.
Apply for a grant
Most BC estates need a Grant of Probate (if there's a valid will) or a Grant of Administration (if there isn't) from the BC Supreme Court before banks, the Land Title Office, and other institutions will release assets or transfer property. Notice must be given to beneficiaries and anyone with a potential claim before the application is filed.
Wait for the grant to issue
Processing time depends heavily on the registry and how complete the application is; expect anywhere from about six weeks to several months. An incomplete application or a missing document is the most common cause of delay.
Gather, value, and protect estate assets
Once the grant is issued, the executor identifies and secures all estate property, obtains valuations where needed, and pays outstanding debts, taxes, and funeral expenses before anything is distributed.
The 210-day distribution wait
Under WESA, an executor generally cannot distribute the estate until 210 days after the grant is issued, unless every beneficiary and every person eligible to bring a wills variation claim consents in writing, or the court orders otherwise. This protects against a late variation claim surfacing after assets are already gone.
Final distribution and accounting
Once the waiting period has passed and any claims are resolved, the executor distributes what remains to beneficiaries and provides a final accounting of how the estate was administered.
Understanding the Numbers.
Probate fees
BC charges no probate fee, and waives the $200 basic filing fee, for estates valued at $25,000 or less. Above that, a $200 filing fee applies, plus 0.6% on the estate value between $25,000 and $50,000, plus 1.4% on the value above $50,000.
Legal or notary fees for administration
Fees for guiding an executor through probate and administration vary with the size and complexity of the estate: a simple estate with one property and a handful of beneficiaries costs far less to administer than one with a business, multiple properties, or disputes among beneficiaries.
Contested vs. uncontested estates
An uncontested estate with a clear, valid will and cooperative beneficiaries is the most affordable path. A wills variation claim, a dispute over the will's validity, or disagreement among beneficiaries adds real time and cost, and may require a lawyer instead of a notary.
Estate planning vs. administration
Preparing a will or power of attorney while you're alive is a fixed, predictable cost. Administering an estate after death, especially one without a will or with disputes, is far less predictable and typically bills based on the work actually required.
Who This Is For
Anyone in Surrey, BC who needs a will, a power of attorney, or a broader estate plan, and anyone named as an executor or administrator who needs help through probate and estate administration. It also covers wills variation claims and disputes among beneficiaries, which fall outside what a notary public is permitted to handle since notarial work is limited to non-contentious matters.
Already have questions about powers of attorney, what makes a will valid, or what happens if someone dies without one? Read our full guide to powers of attorney and estate planning in BC.
For a straightforward will or power of attorney with no dispute involved, our notary services may be the more affordable option: Notary services, Real estate law, Family law
Planning your estate from South Surrey or White Rock? See how we serve South Surrey and White Rock.
Your First Consultation
Bring the original will if one exists, the death certificate if you're administering an estate, and a general list of assets, debts, and beneficiaries. We'll confirm whether you need a Grant of Probate or Administration, walk through the realistic timeline for your specific estate, and give you a clear picture of the fees involved before any work begins.
Frequently Asked Questions
WESA is the Wills, Estates and Succession Act, the BC law governing how wills are made, interpreted, and administered, and how an estate is divided if someone dies without one. It sets the rules for what makes a will valid and how executors must handle distribution.
WESA requires a 210-day wait after the Grant of Probate is issued before distribution, unless every beneficiary and every person who could bring a wills variation claim consents in writing, or a court orders otherwise. This protects against a late claim surfacing after assets are already gone.
Estates valued at $25,000 or less pay no probate fee. Above that, a $200 basic filing fee applies, plus 0.6% on the value between $25,000 and $50,000, plus 1.4% on the value above $50,000. These are government fees, separate from legal or notary fees for the administration work itself.
It varies significantly by registry and how complete the application is, ranging from roughly six weeks in a straightforward case to several months. An incomplete application or missing documents is the most common cause of delay, so getting it right the first time matters.
WESA's intestacy rules decide who inherits. A spouse receives a preferential share, $300,000 if all children are common to both spouses or $150,000 otherwise, plus half of what remains, with children splitting the rest. Without a spouse or children, the estate passes to parents, then siblings, in a fixed order.
It's a claim by a spouse or child that a will doesn't adequately provide for them, asking the BC Supreme Court to vary its terms. The deadline is 180 days from when the Grant of Probate is issued, which is why executors generally wait 210 days before distributing.
Yes, for a straightforward will that distributes your estate directly to named beneficiaries. A notary cannot prepare a will involving a trust or a life interest, and cannot help if the estate becomes contested, since notarial work is limited to non-contentious matters.
Not automatically. BC doesn't recognize unwitnessed handwritten wills the way some provinces do. The BC Supreme Court can sometimes cure a non-compliant document under WESA, but that requires a court application after death, with no guaranteed outcome and real delay and cost for your family.
Require Decisive Action?
Engage our wills & estates lawyers for a confidential assessment of your matter.
SECURE REPRESENTATION