When is the deadline for wills variation proceeding - 180 days from the representation grant?
The catalogue records a 180 days period from The date the representation grant is issued in British Columbia. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 180 days
- Trigger
- The date the representation grant is issued in British Columbia
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- NONE for the 180 day commencement limb. The court's power in s 61(1)(b) to extend time runs only to SERVICE, not to commencement. The section is framed as a bar on the court hearing the proceeding at all.
- ADDED ON VERIFICATION - the single best known hard deadline in British Columbia estate litigation, and it was absent from the researched catalogue. Substantive claim is under WESA s 60 (adequate provision for a spouse or child). The trigger is the issue of the representation grant, not the death and not discovery, so it is entirely outside the Limitation Act discovery scheme; Limitation Act s 3(2) disapplies that Act where a limitation period is established under another enactment. Section 61(4) deems a proceeding commenced on behalf of one claimant to be, on the question of limitation, a proceeding on behalf of all persons who might apply. Section 61(5) allows a plaintiff to register a certificate of pending litigation within 10 days from the date of issue of the initiating pleading.