It is correct that proof of a will in solemn form is a basis for cancelling a notice of dispute: Rule 25-10(12)(d) of the Rules. However, the Rules specifically require an application for solemn grant to be served on anyone who has filed a notice of dispute: Rule 25-14(7). That notice would enable the issue of whether the applicant was a suitable and capable personal representative to be raised and addressed either in the same hearing or as a related matter: Biely Estate v. CNIB, 2017 BCSC 788.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.