More and more often, we see people with assets located in multiple provinces and countries.  When a deceased person lived in another province or country immediately prior to their death and was a resident of that jurisdiction but had assets in British Columbia, their executor may need to apply for probate in the jurisdiction where the deceased resided, and then apply to reseal the foreign grant of probate in British Columbia.

A grant of probate is a legal document that authorizes the executor to administer the estate of the deceased person.  However, this grant is only valid in the jurisdiction where it was issued.  The executor who has been granted probate in the original jurisdiction has no authority to deal with certain assets located within British Columbia, and must therefore obtain a reseal of the foreign grant in order to deal with the British Columbia assets.  Assets that usually (but don’t always) require probate to transfer on death are interests in land, or cash or investments without a designated beneficiary that are worth over $30,000. 

The court can only reseal foreign grants made in another province or territory of Canada, or in other prescribed jurisdictions, namely, the United Kingdom, all Commonwealth jurisdictions with common-law legal systems similar to that or BC, all US states, and Hong Kong.

Let’s consider an example: Albert is a US citizen living in California, and spends most of his time in California.  He has a vacation home in the Shuswap in British Columbia.  Albert’s executor, Betty, would need to apply for probate in California.  Once she had obtained the California grant of probate, she would need to then apply to have the grant resealed in British Columbia before she could apply to the Land Title Office to have the Shuswap property transferred into her name as executor.  When applying to reseal the grant, Betty would only be required to disclose the assets and liabilities situated in British Columbia that would be administered under the resealed grant.  That would only be the Shuswap property, since that was the only asset Albert owned in British Columbia. 

“Resealing” means that the court in British Columbia is simply confirming that a foreign grant has been issued.  The court will not look behind the foreign grant to determine whether or not the grant was properly issued – for example, the court will not look to see if the deceased had capacity or consider his legal obligations to his dependents.  This is all governed by the original jurisdiction, which also means that there can be no changes to the terms of the original grant, or changes to the executor or administrator named in the original grant.  

Author: Jane Otterstrom 

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 wills and estates at the following:

Jane Otterstrom: jane@touchstone.law