What is a “Foreign Grant”?
In the context of estate administration, a foreign grant refers to a court-issued authority, such as a grant of probate or letters of administration, that was obtained outside the jurisdiction where the deceased’s assets are located. When a person dies owning assets in more than one jurisdiction, the executor or administrator may need to have a foreign grant recognized, resealed, or supplemented by a local court before they can lawfully deal with those assets. This process ensures that the personal representative has proper legal authority under local law and that creditors, beneficiaries, and third parties can rely on the administration of the estate within that jurisdiction.
What you need to know as an Executor or Administrator
If you are administering an estate, whether as an executor or administrator, and already hold a grant of probate or administration from outside British Columbia, it is important to know that it does not automatically give you authority over assets located in British Columbia. How a foreign grant can be used in British Columbia depends on both the jurisdiction where it was issued and the types of assets involved.
In general, British Columbia treats assets located in the province the same way whether the deceased was a resident or not (although probate fees are not payable on the intangible personal property, wherever situated, of non-residents). Land, leaseholds, and other immovables are governed by the law of the location of the property, while most movable assets are governed by the law of the deceased’s domicile.
Using a Foreign Grant in British Columbia
Subject to certain exceptions, when the deceased owned assets in British Columbia, executors must have legal authority recognized by the Supreme Court of British Columbia to deal with those assets. The exceptions include:
- The property in British Columbia is non-publicly traded shares or other securities, and the company’s directors accept the foreign grant or equivalent proof of appointment to transmit the shares.
- The net value of British Columbia assets does not exceed $50,000, and in cases of economic or other hardship, the registrar of land titles may recognize a foreign grant from another province without formal resealing. The foregoing presumably affects only an estate of land. This does not necessarily also apply to grants issued outside Canada.
- The property in British Columbia is a vehicle, and the total value of the estate does not exceed $25,000.
Methods for Bringing a Foreign Grant into British Columbia
There are three main ways to recognize a foreign grant in British Columbia:
1. Resealing a Foreign Grant
In the context of a foreign grant, resealing is the legal process by which a court in one jurisdiction formally recognizes and gives local effect to a grant of probate or letters of administration issued by a court in another jurisdiction. Grants issued in another Canadian province, a Canadian territory, or a prescribed jurisdiction can often be resealed under the Wills, Estates and Succession Act (“WESA”). Resealing allows the Supreme Court of British Columbia to formally recognize the grant without starting a full probate or administration application.
Prescribed jurisdictions currently include:
- Members of the British Commonwealth of Nations;
- States of the United States of America; and
- Hong Kong (Special Administrative Region of China)
2. Grant to an Attorney of the Foreign Personal Representative
When a foreign grant cannot be resealed, an attorney appointed by a foreign personal representative can apply to the Supreme Court of British Columbia for a grant of probate or administration, giving them authority to manage the deceased’s assets located in British Columbia.
3. Ancillary Grant of Probate or Administration
Another method that is available when a foreign grant cannot be resealed, is for the foreign personal representative to obtain an ancillary grant to give them authority over administering the British Columbia assets.
In rare cases where the foreign Will is not valid under WESA, these above-noted methods may not apply. An application for a regular grant of administration without Will annexed may then be necessary.
It’s okay to ask for help
Bringing a foreign grant into British Columbia is a common issue in estates that cross provincial or international borders. Whether resealing is available, or another approach is required, depends on the jurisdiction of the original grant and the assets involved.
At Ambleside Law, we guide executors through every step of the process, ensuring estates are administered efficiently and in compliance with British Columbia requirements. If you are dealing with an estate that includes assets in British Columbia, we are here to help simplify the process, minimize delays, and reduce stress for you and your beneficiaries.
If you have any questions, please contact Shahrzad Pakravan.