You’re the Executor or Administrator of an estate. You’ve sought out legal advice (preferably by Touchstone) and have applied for the Grant of Probate or Administration; it’s a success! Now what?

Section 155 of the Wills Estates and Succession Act (“WESA”) prohibits you from distributing the estate to any beneficiaries before a period of 210 days from the date of the Grant of Probate or Administration is issued. For many, this period is frustratingly long. However, the 210-day period is established for several important reasons.

Firstly, this period allows sufficient time to advertise to potential creditors and ensure payment of outstanding debts. Should you choose to proceed with Touchstone for your estate administration needs, we will assist with this process.

Additionally, the 210-days provides individuals with the opportunity to contest the Will prior to distribution. A Will may be contested for several reasons. For example, to request a variation. We’ve written an article on this process, should you require further information: Introduction to Wills Variation Claims – Touchstone Law Group LLP – Kelowna Lawyers | Barristers & Solicitors

Is there an exception to the 210-day rule?

Believe it or not, there is! Sections 155(1) and 155(1.1) state that a personal representative of a deceased person may distribute the estate early if they have received a court order to do so or obtained the consent of “all beneficiaries who have an interest in the estate” or “all persons who may commence a proceeding under Division 6 [Variation of Wills] of Part 4 [Wills] in relation to the estate.”

If you have any questions about this limitation period or the process of applying for probate, please contact us.

This information is general in nature only. You should consult a lawyer before acting on any of this information. This information should not be considered as legal advice. To learn more about your legal needs, please contact our office at (250)448-2637 or any of our lawyers practicing in the area of wills and estates at the following:

Jane Otterstrom: jane@touchstone.law
Una Kuzio: una@touchstone.law