Grant application review services (GARS)

Why the PGT reviews grant applications

Under the Supreme Court Civil Rules, the Public Guardian and Trustee (PGT) must be given notice of representation grant applications where a child/youth is under the age of 19, or where an adult who is or may be mentally incompetent is entitled to notice. A representation grant is sometimes called an estate grant. This is a document that says who has been legally proven to be the executor named in the will. These include:

A grant of probate. Probate is a process that verifies a will is real under B.C. laws
Any grant of administration
Resealing of a foreign grant. This means having a representation grant from another province or jurisdiction recognized in B.C.

Persons to whom notice must be given include, but are not limited to:

Someone who is at least equally entitled to apply for a representation grant as executor
Someone who is at least equally entitled to apply for a representation grant as administrator
A beneficiary under the will
An intestate successor (often commonly referred to as an heir)
A spouse of the deceased
A child/youth of the deceased

The PGT reviews these applications and issues comments and provides them to the applicant. The applicant must file these comments with the court. Under the Wills, Estates and Success Act (WESA), the court must not issue the representation grant before receiving the PGT’s comments.

To conduct a review, we require details of all debts of the deceased’s estate, as well as the intended distribution of the estate. Our review considers if any action is required to safeguard the interests of children/youth and adults who are or may be mentally incompetent. These include but are not limited to:

The need for security during estate administration. This means asking the executor or administrator to provide a deposit to protect the value of the estate
The need for and sufficiency of trust provisions in a will. We need to check the terms of the trust in the will to make sure they are written properly and give the trustee of the trust the correct and necessary powers to make payments to the adult and/or child/youth. If the adult and/or child/youth was left money outright in the will, we consider if their share of the estate should be put into a trust
Whether the child/youth or the adult is entitled to bring a claim against the estate including a claim to vary the will
Whether there is a spousal home entitlement that affects the child/youth and/or the incapable adult

Where there is no will, or where someone other than a named executor has been appointed to administer the estate, we may recommend an administration bond as a condition of obtaining a representation grant. An administration bond is a promise to the court, usually with surety, that the person administering the estate will be honest in performing their duties in administering and distributing the estate to the beneficiaries. This is to protect a child/youth or incapable adult’s interest in the estate, in case the assets of the estate are improperly administered.

Note: Administration bonds are not held by the PGT, they must be procured through a third party.

Forms and required information

The applicant should ensure that:

All necessary information has been provided, including all the documents that will be filed in court
All documents are properly executed
If there is a will, it is the most recent will
They are the proper person to make the application as stated in section 130 of the Wills, Estates and Succession Act
All consents or renunciations have been obtained if the application is made by someone other than the first person entitled to apply
If they are not an executor named in a will, proper security arrangements have been considered such as an administration bond
If any claims are anticipated to be made against the estate, they will not be placed in a conflict of interest
The PGT review fee has been submitted

For more information about the required forms and PDF versions of all application forms, see Supreme Court Civil Rules - probate forms.

Note: Applicants cannot submit their application for an estate grant to the court until at least 21 days after delivering notice of their intention to apply for an estate grant, to the required recipients.

Sending notice of a grant application to the PGT

Please submit your notice and payment online. If you are not able to submit online or run into any difficulties making your submission, please contact us at gars@trustee.bc.ca.

Fees

The PGT charges a fee for delivering the notice of intention to apply. The fee is currently $315.00 ($300.00 plus 5% GST) per application. All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for protective legal review services.

Timelines

We review applications in the order we receive them. We strive to respond to your Notice within 21 business days. We may ask you for more information before we can finish our work. After we get all the information that we need, we will provide you with our written comments. If we receive a large number of notices at the same time or if we are short staffed, our response time may take longer.

If it has been more than 21 business days and you wish to request a status update, please contact us at gars@trustee.bc.ca.

When our review is complete, we issue our comments to you by mail. By special request, we make them available for pick-up at the PGT's Vancouver office at 700-808 W Hastings Street, Vancouver, BC.

Distribution of a child/youth’s share

If you are the personal representative and need to disburse estate funds to a beneficiary under the age of 19, but there is no trust in the will, the PGT cannot consent to the release of the funds to the child/youth’s parent or guardian.

We do not have the authority to consent to a personal representative paying a child/youth’s share of the estate to anyone who is not appointed as trustee. If there is no trustee, or no trust created for a child/youth’s interest in an estate, the funds must be paid to the PGT in trust under section 153(1) of the Wills, Estate and Succession Act (WESA). Alternatively, an application may be made to court to appoint a trustee to hold the child/youth’s share under section 153(3) of WESA and section 179 of the Family Law Act. For more information, see Trust Services.

Estate accounts

Information for personal representatives of a child/youth

Passing of Accounts is a formal estate process in which the executor will prepare a financial ledger for the parties involved in the estate. In the case of a conflict or an estate with a minor or incapable beneficiary, the executor will need to attend a formal hearing in which the court receives and reviews the executors accounts, and discharges them from their duties.

If you are the personal representative of a child/youth (under the age of 19) and the administration of the estate is complete, the PGT cannot approve your estate accounts. We do not have the authority to review estate accounts on behalf of a child/youth beneficiary, except where the PGT is property guardian for the child/youth or the court has ordered the PGT to review the accounts.

The court is the only authority who may waive or pass accounts on behalf of a child/youth beneficiary. The executor or administrator is under obligation to the beneficiaries and to the court to conclude the affairs of the estate. This includes passing their accounts before the court and having their remuneration approved by a court. Executors or administrators will not be discharged from their duties until they have passed their accounts before the court under section 99 of the Trustee Act.

The PGT, acting as trustee under a will or under section 153(1) of WESA, accepts and acknowledges receipt of interim and/or final distributions payable to a beneficiary under the age of 19. However, acceptance of funds does not constitute a waiver of the obligation to pass the accounts of a personal representative.

Information for personal representatives of an incapable adult

If you are the personal representative of an incapable adult and the administration of the estate is complete, the PGT cannot approve your estate accounts on behalf of an incapable adult who has an interest in the estate. The PGT does not have authority to review or to approve the accounts of executors or administrators on behalf of incapable intestate heirs and/or beneficiaries. The legal representative of the incapable adult (committee, attorney or representative under a representation agreement) is required to review the accounts and provide their approval, if they see fit.

We will only review and consider approving estate accounts on behalf of an incapable intestate heir or beneficiary where the PGT is acting as a legal representative for the adult (for example, as committee of estate, attorney, or representative). We will advise the personal representative of this process during our review of the representation grant.

Raising concerns over the mishandling of an estate

Under the Trustee Act, an executor or administrator is required to pass their accounts in court within 2 years of receiving the representation grant or as early as one year from the date of the grant, if an intestate successor or beneficiary serves notice on the personal representative.

Everyone with a financial interest in the estate is entitled to be present and raise any concerns at the court hearing. If the personal representative refuses to provide you with an accounting or to pass their accounts, you may apply to the court for an order requiring the personal representative to do so.

You will likely need a lawyer to help with this. If you do not have a lawyer, here are some suggestions of where you can get help for wills and estate administration matters:

Lawyer Referral Service: Refers callers to a local lawyer. You can arrange a half an hour initial consultation with a lawyer who specializes in wills and estates
Justice Access Centres: For help with family law issues and some other Supreme Court civil law issues
Aboriginal Legal Aid in BC - Wills & estates on reserve: Information about wills and estates on reserve
People's Law School - Wills & estates: Information about wills and estates
BC Government - After a Death: Find out what to do when someone dies in British Columbia

Common questions

My parent passed away and I was appointed the executor and trustee of their estate. I think their brother has dementia and I’m not sure if he is mentally capable. How do I know whether or not to provide notice to the PGT?

Rule 25-2 of the Supreme Court Civil Rules states that notice must be given to the PGT on behalf of an adult who is or may be mentally incompetent. If you have reason to believe that your uncle may be mentally incompetent, you should provide notice to the PGT.

My mom passed away. Her assets are in B.C. but there are incapable adult and child/youth beneficiaries who live in another province/country. Do I still have to serve the PGT?

Regardless of where the beneficiaries reside, if you are applying for a representation grant in B.C. you must provide notice to the PGT according to the Rules of Court.

My dad passed away. All of his assets are in another country or province but some child/youth beneficiaries named in his will live in B.C. Do I have to serve the PGT?

No, the PGT has no jurisdiction to review estates outside of B.C.

There are life insurance proceeds that are payable to a beneficiary who is under the age of 19. Do I send the proceeds to the PGT?

It depends on the circumstances. When a child/youth is the beneficiary of insurance funds, section 88 of the Insurance Act requires that the insurer notify the PGT. Whether or not those funds are payable to the PGT depends on whether there has been a trustee appointed to hold the child/youth’s share of the insurance funds. Where a trustee has been appointed, the money is payable to the trustee in trust for the child/youth. An insurer who makes payment to a trustee must give written notice to the PGT within 30 days of the date of payment. Where there is no trustee named to hold insurance money for a child/youth, these funds are payable to the PGT in trust, to hold for the child/youth until they turn 19 or until a person applies to act as trustee under section 179 of the Family Law Act.

When sending insurance money to be held in trust by the PGT for a child/youth, the following information is required:

Full legal name of the child/youth
Child/youth’s date of birth
Child/youth’s social insurance number if they have one
Guardians’ full name, address, phone and email
Beneficiary designation card from the insurance company, confirming the child/youth as the beneficiary with no trustee named
Cheque payable to the “Public Guardian and Trustee, In Trust for [child/youth’s full legal name]"

When notifying the PGT of a payment made to a trustee other than the PGT, the following information is required:

Full legal name of the child/youth
Child/youth’s date of birth
Child/youth’s social insurance number if they have one
Guardians’ full name, address, phone and email
Trustees’ full name, address, phone and email
Total amount of the payment

You can provide this information in a letter and submit it online. See Referrals and Submissions. If you have any questions about providing the PGT with written notice, please contact us at gars@trustee.bc.ca.

I was appointed executor and trustee of my sister's estate. My sister had investments (RRIF/RRSP/TFSA), for which she designated a beneficiary and therefore these assets do not form part of her estate. She designated her child (they are under the age of 19) as a beneficiary of these funds but no trustee was named. Will the PGT accept and hold these funds?

It depends on the circumstances. There is no legislation that appoints the PGT as default trustee of these types of funds. If there is no trustee named and the value of the assets is $10,000.00 or under, the financial institution may consider distributing the child/youth’s interest to the guardian or to the child/youth under section 178 of the Family Law Act. If the amount is over $10,000.00, a person may apply under section 179 of the Family Law Act to be appointed by the court as trustee of the funds.

Alternatively, we may be willing to accept and hold the funds in a trust account for the child/youth, under certain circumstances. For more information about when we may agree to act as trustee, please contact us at cyslegal@trustee.bc.ca.

What is a nominee?

Under WESA, a nominee is defined as:

A person appointed committee of estate under the Patients Property Act
An attorney acting under an enduring power of attorney as described in Part 2 [Enduring Powers of Attorney] of the Power of Attorney Act
A representative acting under a representation agreement made under section 7(1)(b) [standard provisions] of the Representation Agreement Act
A person appointed under section 51(2) [mentally incompetent Indians as defined by the Indian Act] of the Indian Act (Canada) or the Minister of Indigenous and Northern Affairs Canada

If the PGT is served with an application on behalf of an incapable adult who has a nominee, we will require a copy of the document appointing the nominee.

My mother wants to will her estate to the care facility where she has been living for her last few years. Is this allowed?

Please request written consent from the PGT for bequests or gifts to a licensee or employee of a facility governed by the Community Care and Assisted Living Act and the Hospital Act. This ensures that the bequest is appropriate to the circumstances when the will was executed. Anyone contemplating making a bequest to a licensee of a facility or its employees where they have been living should seek legal advice in making a will to ensure the bequest will be honoured. For more information, see Reviews under the Community Care and Assisted Living Act.