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Is there more than one form of Probate?

Posted by Andrew Liggett | Aug 05, 2024 | 0 Comments

probate more than one?

Is there more than one form of Probate?

If you have a properly made written Will then in BC you can apply for probate by the desk order process which is when you can obtain a court order without a hearing. If the registry staff confirms you have filed all the required documents and you confirmed all the relevant facts in the required affidavits then the staff will give your application to a judge to approve and sign the probate order in "common form".

However, if you know there is or will be a dispute about the Will, or the court wants to hear evidence directly, then an application for probate in "solemn form" is made. After a hearing, the court confirms in "solemn form" whether the Will is the last valid Will of the deceased.

About the Author

Andrew Liggett

Mr. Andrew Liggett, BA JD CD, Esquire Our Firm Founder Andrew has decades of successful experience representing clients throughout British Columbia in all levels of court including the Provincial Court, the Supreme Court and the Court of Appeal. Andrew completed a Bachelor's Degree in Political...

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