Is the West the Best and the East the Least? How Notice Requirements Differ Between Ontario and British Columbia in Estate Law

When someone passes away, one of the first steps in estate administration is probate, which is the process of proving a will and giving the executor legal authority to deal with the estate. A key part of probate is the notice requirement: deciding who must be informed about the probate application. Ontario and British Columbia take very different approaches to this issue. The difference may seem technical, but in practice, it can mean the difference between a smooth estate administration and years of litigation.

Ontario’s Notice Requirements


In Ontario, if the deceased left a will, notice is only given to the beneficiaries named in the will. However, if the deceased died intestate (without a will), notice must be given to those entitled on an intestacy. Those entitled on an intestacy could include a spouse, children, siblings or grandchildren. This means that heirs who could inherit under intestacy (including grandchildren) are not entitled to notice if there is a will, even if they were deliberately disinherited.

British Columbia’s Broader Notice Requirements


British Columbia takes a very different approach. When a deceased leaves a will, an estate trustee must give notice not only to named beneficiaries, but also to anyone who could be entitled to a portion of the estate if the deceased had died intestate (without a will). This will include children, grandchildren, and other relatives, even if they are completely excluded under the will.

Examples of the Differences Between Ontario and BC


  1. The New Spouse and the Disinherited Child
Ontario: Only the new spouse named in the will gets notice.
BC: The new spouse and the disinherited child get notice.

  1. The Grandchildren of a Predeceased Child
Ontario: Only the surviving children named in the will get notice. The grandchildren are left out.
BC: The surviving children and the grandchildren must be notified.

  1. The Estranged Spouse
Ontario: The common-law partner named in the will gets notice, not the estranged legal spouse.
BC: Both the common-law partner and the estranged legal spouse get notice.

  1. The Unrelated Beneficiary and the Deceased’s Excluded Relatives
Ontario: Only the friend named in the will gets notice. All family members are excluded.
BC: Both the friend and all family members receive notice.

Why BC’s Approach Reduces Risk


For executors/trustees, BC’s approach likely reduces the risk of late challenges and personal liability. For Beneficiaries, BC’s approach allows for greater certainty that inheritances won’t be clawed back later. For families, disputes are forced to the surface early, saving time, cost, and stress. Early and full disclosure is always best for everyone. 

Frequently Asked Questions (FAQ)


  1. Who gets notice in Ontario if there is a will?: Only the beneficiaries named in the will. Disinherited heirs, such as children or grandchildren, do not receive notice.
  2. Who gets notice in Ontario if there is no will?: The people entitled to inherit under Ontario’s intestacy rules. Usually, the spouse, children, or, if they are deceased, the grandchildren.
  3. Who gets notice in BC if there is a will?: Both the beneficiaries named in the will and anyone who would inherit on an intestacy, including disinherited children and grandchildren.
  4. Why is BC’s notice requirement fairer and more transparent than Ontario’s?: It allows potential disputes to come forward early. This avoids late litigation that could disrupt the administration of the estate and expose trustees or beneficiaries to liability.
  5. What are the possible benefits of Ontario’s more limited notice requirements?: Ontario’s rules prioritize efficiency by limiting notice to a smaller group. However, this can backfire if disinherited heirs challenge later, creating more delay and litigation overall.
  6. Could Canada adopt a uniform system for the administration of estates?: It may be a good idea. Uniform estate laws across Canada could reduce inconsistencies between provinces and help prevent unfair outcomes.

This blog is for informational purposes only and does not constitute legal advice. Most importantly, it is not legal advice about British Columbia law. At Derfel Estate Law, we are licensed to practice law only in Ontario. The purpose of this post is to highlight the differences in notice requirements and suggest ways Ontario might modernize its estate laws. At Derfel Estates Law, we understand the complexities of estate litigation. Seeking experienced legal counsel from the outset is crucial to ensure compliance, build a strong case, and avoid litigation pitfalls. Contact us if there is something we can assist with.