In what circumstances will a plaintiff be able to bring an action against his executors for failing to obtain a grant of letters probate?
British Columbia, Canada
The following excerpt is from L.N.M. v. Green, 1995 CanLII 8909 (BC CA):
In 1965, in Dos Remedios v. Morey (1965), 1965 CanLII 505 (BC SC), 52 W.W.R. 492, affirmed (1966), 1966 CanLII 601 (BC CA), 56 W.W.R. 21 (B.C.C.A.), the issue was the effect of subs. (b) of s. 71(3), supra, which by then had been renumbered s. 71(4). The appellant had been injured in a motorcar accident on the 26th June, 1963. The other driver died on the 14th October. The executors obtained a grant of letters probate on the 20th November, 1963, and, on the 15th June, 1964, the appellant brought the action against the respondents as executors. The appellant was therefore within the then-existing one-year limitation for actions arising out of motor vehicle accidents. His action failed.
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