Tuesday, May 27, 2008

Citation to Bring in a Will

[This post is no longer current. I describe the new provisions in Rule 25-12 here.]

What if you think you are the executor or a beneficiary of a will of someone who has died, but the person who has the will won't release it?

In British Columbia, you can apply to the registrar of the Supreme Court of British Columbia for a citation compelling the person who has the will to leave it with the registrar. If the person cited does not in fact have the will, he or she must swear an affidavit saying that he or she does not have it.

This is set out in Rule 21-5 (54) of the Supreme Court Civil Rules. The citation is in Form 103.

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