How can I get a copy of my grandma's will if the executor won't respond?

Being left in the dark about a loved one's will — especially by someone you trusted — is frustrating and hurtful. There are a few steps you can take to get information about your grandmother's will, starting with the simplest options and moving to more formal processes if needed.

Put it in writing

If your uncle hasn't responded, try sending an email or letter asking for information about the will. Keep a copy of what you send and when you sent it. This creates a record that may be useful later. If you don't get a response, you could have a lawyer send a letter on your behalf. Sometimes people respond more quickly to a lawyer's letter. 

Getting a court order for the will

If your uncle continues to be uncooperative, you can ask the court to require him to produce the will. The legal process involves getting what’s called a subpoena. That’s a court order that compels someone to bring a document (in this case, the will) to the court registry.

To get a subpoena for a will, you file a requisition with the BC Supreme Court. A requisition is a short document (usually one or two pages) that asks the court to issue the subpoena. Use form P35 for the requisition for a subpoena.

You'll need to support your requisition with an affidavit (form P37). This is a sworn statement that explains:

• how you know who the executor is (for example, you were told by family)

• what steps you've taken to get the will (the letters or emails you sent)

• that the executor hasn't responded

The affidavit doesn't need to be long or complicated. It just needs to show that you've asked for the will and haven't gotten it.

If the court issues the subpoena, you have to personally serve it on the executor. This means someone has to hand-deliver it to them. The subpoena gives the executor 14 days to either bring the will to the court registry or file an affidavit explaining that they don't have it and what they know about where it might be.

This process is straightforward enough that some people do it on their own. However, a lawyer can help make sure you fill out the forms correctly and follow all the steps properly. If you want to do it yourself, you might consider getting some limited legal advice at the start to make sure you're on the right track.