Probate of will in the United States and estate in British Columbia.

Receiving a probate grant from the British Columbia court provides assurance to everyone dealing with an estate that the deceased's will is a legal document and that the executor has the authority to manage the decedent's assets.

Due to the increasing number of foreign real estate buyers in British Columbia, the inheritance process may become more complicated, as each jurisdiction has its own inheritance procedures. If the deceased primarily resided in another jurisdiction but had land or other assets in British Columbia, the executor will have to go through the probate process in British Columbia in order to manage the assets in that province.

In our current legislative system, there are two methods for addressing this issue:

• Direct inheritance of foreign wills in British Columbia;
• Confirmation of foreign inheritance (technically referred to as "crossing") in British Columbia.

Direct inheritance of a foreign will in British Columbia allows the executor to file a direct application in the British Columbia court for probate, provided that there is no need to apply for a grant in another jurisdiction. This occurs when the testator resides elsewhere but owns assets in British Columbia, and there is no need to obtain a grant of probate in the place of usual residence.

Otherwise, when the deceased person owns assets that require inheritance in multiple jurisdictions, the executor is required to obtain a grant of probate in one jurisdiction where the deceased held assets, and then to register that grant in each other jurisdiction where the assets are located.

In accordance with the Wills, Estates and Succession Act of British Columbia, upon application by a foreign personal representative, the court may supersede a foreign grant of probate issued in another province, territory of Canada, or in another legally defined jurisdiction. If the supersession is permitted, the foreign grant will have the same effect in British Columbia as if it had been issued by a court in British Columbia.

As the number of people owning assets in multiple jurisdictions increases, the process of overlap is likely to become more common. Given the potential complications that may arise, it is essential to consult competent advisors with experience relevant to the respective jurisdictions.

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