As a probate lawyer in British Columbia, I regularly meet clients who are overwhelmed by the process of administering an estate. While it’s a role filled with responsibility and meaning, it can also be fraught with pitfalls. Probate in BC involves detailed legal and financial steps, and even small errors can cause costly delays—or lead to personal liability.

In this article, we’ll walk through some of the most common mistakes people make during the probate process in BC and how to avoid them.

 

1. Filing Errors and Missing Documents

Probate is a court process, and the forms must be submitted accurately and completely. A common mistake is:

  • Using outdated forms
  • Leaving sections blank or incomplete
  • Not attaching key documents, such as the original will or affidavits

Each error can result in the application being rejected or delayed. Given that it often takes weeks or months for the court to review submissions, even minor oversights can create major delays.

Avoid it: Review all required documents carefully. Work with a probate lawyer who can ensure everything is correctly prepared and submitted the first time.

2. Misunderstanding Deadlines

The executor is responsible for many time-sensitive tasks, including:

Missing these deadlines can expose the executor to liability or result in penalties to the estate.

Avoid it: Keep a probate calendar or checklist. A lawyer can help you prioritise deadlines and avoid missing critical dates.

3. Failing to Properly Notify Beneficiaries

BC law requires that all beneficiaries and interested parties (including people entitled under wills variation rules) be properly notified of the probate application. Mistakes here can include:

  • Not providing proper notice to all required parties
  • Failing to keep beneficiaries informed throughout the process

Not only can this erode trust, but it can also lead to legal challenges or delays.

Avoid it: Send required notices promptly and keep records. Regular updates to beneficiaries can also help prevent misunderstandings and disputes.

4. Not Seeking Legal Advice When Needed

Some executors try to handle everything alone, especially when the estate seems straightforward. But even “simple” estates can involve:

  • Foreign assets
  • Disputes between beneficiaries
  • Tax issues
  • Ambiguous will terms

Without professional guidance, executors risk breaching their fiduciary duties or triggering family conflict.

Avoid it: If you’re unsure at any step, consult a probate lawyer. Legal advice can save time, reduce stress, and prevent costly errors.

Final Thoughts

Probate can be a challenging and time-consuming process—but most errors are preventable with the right preparation and support. Taking a proactive approach, understanding your obligations, and knowing when to get help can make all the difference.

If you have concerns about the probate or executor process and are contemplating legal help, don’t hesitate to reach out to ALG Lawyers. Our experienced team of estate and probate lawyers in Abbotsford and Greater Vancouver can guide you with practical advice and clarity so you can move forward with confidence.

 

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