Is a grant of probate required as to the Secondary Will?
British Columbia, Canada
The following excerpt is from Berkner (Estate), 2017 BCSC 619 (CanLII):
The applicant says that a grant of probate is not required as to the Secondary Will in this case. She says a grant of probate is simply confirmation by the court as to the validity of a will and confirms to third parties the authority of the executor to act on behalf of the estate, even though the authority of the executor is derived from the will itself and not the order for probate (Romans Estate v. Tassone, 2009 BCSC 194 at para. 30). The court held in Romans Estate that it was reasonable in the circumstances of that case for third parties to require that an executor obtain probate, but this is not a concern here.
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