Step 1: Deliver a Notice of Proposed Application (Form P1)

The first step in the probate process is delivering a Form P1 – Notice of Proposed Application in Relation to Estate, with an attached copy of the will, to the following people or organizations (Rule 25-2):

• Each person named in the will as executor or alternate executor, who is alive at the time of the deceased’s death, and whose right to make an application for an estate grant is prior to or equal to the intended applicant’s right to make that application;
• All beneficiaries named in the will;
• Any person who would have inherited if there were no will (an intestate successor);
• The Nisg̱a’a Lisims Government, if the deceased was a Nisg̱a’a citizen;
• The applicable treaty First Nation, if the deceased was a member of a treaty First Nation.

Delivery can be done in-person or via ordinary mail. Delivery by e-mail, fax or other electronic means does not constitute delivery of the document to that person unless that person provides a written acknowledgement of receipt.

Additional delivery requirements may apply if the recipient is a minor, deceased, or mentally incompetent.

This notice is intended to ensure transparency and give interested parties an opportunity to raise concerns before the probate application moves forward.

Step 2: Wait 21 Days

After the Form P1 notice has been delivered, a 21-day waiting period is required. This allows time for anyone who received notice to review the application and respond if necessary.

Step 3: File Probate Application Documents with the Supreme Court of British Columbia

After the notice period has ended, and no notice of dispute has been filed opposing the issuance of the estate grant, the executor (or their lawyer) can proceed with the application by filing the requisite documents with the Supreme Court registry. These typically consist of the following (Rule 25-3):

1. The original signed will plus two copies
2. Two copies of a certificate issued under the Vital Statistics Act confirming the results of a wills notice search
3. Form P2 – Submission for Estate Grant
4. Form P3 – Affidavit of Applicant for Grant of Probate (or Grant of Administration with Will Annexed)
5. One or more Form P9 – Affidavits of Delivery, that collectively, confirm that notice of the application was delivered to all persons set out above.
6. Form P10 – Affidavit of Assets and Liabilities for Domiciled Estate Grant

Once these documents are reviewed and accepted by the court, the registry will provide notice that the estate grant has been initially approved subject to the payment of the probate fees.

Step 4:  Pay the Probate Fees

Probate fees in BC are based on the gross value of the estate as set out in the Form P10, and are calculated as follows (Probate Fee Act, SBC 1999, c 4):

• No fee on the first $25,000 of the value of the estate
• $6 for every $1,000 or part of $1,000 of the value of the estate between $25,000 and $50,000, plus
• $14 for every $1,000 or part of $1 000 by which the value of the estate exceeds $50 000.

These fees are paid to the government and are separate from legal fees.  These fees can be paid at the court registry.  Once paid, your grant of probate will be issued.

1. Spousal support in BC: The basics

Spousal support is money paid by one spouse to the other after separation or divorce.  Its purpose is not to punish, but to achieve the following objectives outlined in the Family Law Act and the Divorce Act:

• to recognize any economic advantages or disadvantages to the spouses arising from the relationship or its breakdown;
• to apportion between the spouses any financial consequences arising from the care of their children, beyond the duty to provide support for the children
• to relieve any economic hardship of the spouses arising from the breakdown of the relationship; and
• in so far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time.

Support is often awarded when one spouse’s income is significantly higher, or when one partner sacrificed career opportunities to support the family.

In British Columbia, courts look to the federal Spousal Support Advisory Guidelines (SSAGs) for direction [1]. While not legally binding, these guidelines provide a framework for calculating amounts and duration. Key factors include:

• The length of the relationship
• The roles each spouse played during the marriage
• The income difference between partners
• Each person’s ability to support themselves going forward

2. How support is calculated for high-income earners in BC

For most families, the SSAGs formula works as a guide. It applies up to a combined income threshold of about $350,000 per year. Beyond that, the court has more discretion [2].

For high-income families, this means:

• Judges may use the guidelines as a starting point but adjust based on circumstances.
• Support awards often reflect not just needs, but also lifestyle during the marriage.
• Larger incomes and more complex financial portfolios can result in more substantial support obligations.

This flexibility makes outcomes less predictable — and underscores the importance of tailored legal advice.

3. Common challenges in high-income spousal support cases in BC

The following are often encountered when assessing spousal support in high-net-worth families:

• Variable income – Business owners, executives, or professionals with bonuses and commissions may see wide swings in yearly earnings.

• Tax considerations – Significant payments may trigger complex tax consequences for both spouses.

• Lifestyle expectations – The higher the standard of living during the marriage, the greater the expectations for support after separation.

• Avoiding windfalls – Courts try to strike a balance: ensuring fairness without granting one spouse more than what’s reasonable [3].

These issues can quickly become complicated, especially when emotions run high.

4. Duration of spousal support in BC high-income families

How long does support last? There’s no one-size-fits-all answer.  The guideline duration depends on whether there are dependent children.

Under the Without Child Support Formula, spousal support typically lasts between 0.5 and 1 year for each year of the marriage-like relationship.

However, support becomes indefinite (i.e. no fixed end date) in two situations:

• The relationship lasted 20 years or more, or
• The relationship lasted at least 5 years, and the recipient’s age at separation plus the years of marriage-like relationship equals 65 or more (known as the “Rule of 65”).

Duration under the With Child Support Formula is more complex and often indefinite, but is generally tied to the ages of the children and key milestones (e.g., when the youngest finishes high school).

For high-income families, duration is often just as contentious as the amount, since obligations can stretch for many years [4].

5. Negotiating spousal support in BC: Strategies for high-income families

Because of the stakes, negotiation is key. High-income spousal support cases require:

• Full financial disclosure – Corporate records, tax returns, and investment statements are essential to transparency.

• Mediation or arbitration – Alternative dispute resolution can prevent costly, drawn-out litigation.

• Creative settlements – Some families opt for lump-sum payments, trusts, or staggered arrangements to meet both parties’ needs.

The right strategy can make the process smoother, less stressful, and more predictable for both spouses.

6. Why you need a BC family lawyer for high-income spousal support cases

For affluent families, spousal support is rarely straightforward. Lawyers play a crucial role in:

• Interpreting the SSAGs beyond the standard income thresholds

• Ensuring payments are fair but not punitive

• Protecting wealth through structured agreements that hold up in court

• Coordinating with accountants and tax experts to minimize financial risk

Without strong legal guidance, it’s easy to end up with obligations that don’t reflect your circumstances or long-term goals.

7. Conclusion: finding clarity in complex spousal support cases

Spousal support is challenging in any separation, but high-income families face additional layers of complexity. From fluctuating income to tax implications and lifestyle expectations, the stakes are high and the outcomes less predictable.

1. Property division laws in British Columbia: An overview

In British Columbia, the Family Law Act (FLA) sets out how property is divided when a marriage or common-law relationship ends. The law applies to:

• Married couples

• Common-law couples i.e. persons who have lived together in a marriage-like relationship for at least two years

The creates a presumption of equal division of family property and family debt, but courts may adjust the split if it would be significantly unfair in certain circumstances [1].

2. What counts as family property in BC divorce cases

Under the FLA, family property includes everything owned by at least one spouse at the date of separation unless the property falls into one of the categories of excluded property.   Family property can include:

• Real estate whether owned by one spouse or both

• Investments and savings

• Pensions and RRSPs (Division of Pensions is more nuanced and takes into account factors such as the proportion of pensionable service during the relationship vs not during the relationship)

• Business interests

The value of family property is based on its fair market value at the date of trial unless it would be significantly unfair to do so.  Parties can agree to use other valuation metrics or valuation dates[2].

3. Excluded property in BC and how it’s treated in divorce

Some property is excluded from the definition of family property and its presumption of equal division.  Excluded property can include:

• property acquired by a spouse before the relationship began
• inheritances to a spouse
• gifts to a spouse from a third party
• settlement or an award of damages as compensation for injury or loss (e.g. damages for personal injury claim), unless the settlement or award represents compensation for loss to both spouses or lost income of a spouse

While excluded property is presumptively not divided, any increase in value of the property since the relationship start date (or date the excluded property was acquired, if later) is family property.  For example, if Spouse A enters the relationship with a $200,000 investment that grew to $250,000 at the date of division, and there were no deposits or withdrawals made during the relationship.  The initial $200,000 would be the excluded property of Spouse A.  The growth of $50,000 would be family property and divided equally.  Spouse A would receive $225,000.  Spouse B would receive $25,000.

The spouse claiming that property is excluded property has the onus of proving its exclusion.  This is important as it is the specific asset that is excluded, not just the value of the asset.  As such, exclusion protection can be be lost if excluded funds become commingled with other family property.  For example commingling will occur if a spouse takes money they acquired prior to the relationship and puts it in the same chequing account they own jointly with their spouse in which they both deposit their employment income and from which they pay everyday expenses.

Determining what is or is not excluded property can feel overwhelming, but the right legal guidance can help bring clarity and give you the best chance of holding on to what matters most [3].

4. The equal division rule in BC and when it may not apply

The law presumes an equal 50/50 split of family property and family debt. However, the court may order a different apportionment if equal division be “significantly unfair”. Factors  affecting whether there exists significant unfairness include:

• The duration of the relationship

• Whether family debt was incurred in the normal course of the relationship

• whether a spouse, after the date of separation, caused a significant decrease or increase in the value of family property or family debt beyond market trends;
• and more

The presumption for excluded property is the reverse.  Excluded property is not usually divided but a court may order its division if family property or family debt located outside British Columbia cannot practically be divided, or if it would be significantly unfair not to divide excluded property.

Obtaining guidance on what property and debt division is likely to look like for you is essential in order to set realistic expectations and make informed plans for the future.

5. Unique challenges in high-net-worth divorce and property division

For families with large amounts of family property, dividing property can be far more complex. Challenges often include:

• Valuing businesses and professional practices – determining fair market value often requires expert valuations

• Multiple properties – including vacation homes, rental properties, or cross-border real estate

• Complex investments – such as trusts, stocks, or offshore accounts

• Tax implications – transfers or sales of assets can trigger significant tax consequences

An experienced family lawyer can work alongside accountants and tax professionals to protect your interests and guide you through even the most complicated property division.

6. How to protect your assets during separation in BC

If you are concerned about protecting wealth in a separation, proactive steps can help:

• Consider agreements such as prenuptial, postnuptial, or cohabitation contracts

• Avoid commingling excluded property with family property (e.g., don’t mix inheritance money with joint accounts)

• Get professional valuations of businesses and investments early in the process

Taking these precautions can reduce conflict and ensure a smoother division if separation occurs.

7. Why you need a BC family lawyer for complex property division

For high-asset families, property division is rarely straightforward. A family lawyer can help by:

• Advising on your rights and obligations under the FLA

• Negotiating or mediating fair settlements

• Representing you in court if disputes arise

• Ensuring all agreements are enforceable and tax-conscious

Working with an experienced lawyer can help you avoid costly mistakes and ensure your wealth is protected long-term [4].

8. Conclusion: Protecting your wealth in a BC divorce

Dividing property in a high-asset divorce is rarely simple. Understanding the rules under BC’s Family Law Act, and how they apply to family property, excluded property, and unique wealth scenarios, is key to protecting what you’ve built.