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“Point in Time” Act Content

WILLS, ESTATES AND SUCCESSION ACT

[SBC 2009] CHAPTER 13

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
1April 9, 2014
 April 9, 2014
 May 29, 2014
 November 27, 2014
 May 4, 2016
2April 9, 2014
 April 9, 2014
7April 9, 2014
16March 25, 2019
18.1 to 18.3May 26, 2014
23April 9, 2014
24April 9, 2014
 April 9, 2014
54April 9, 2014
 April 9, 2014
56April 9, 2014
61March 25, 2019
 March 25, 2019
73May 29, 2014
74May 29, 2014
75May 29, 2014
76May 29, 2014
77May 29, 2014
 September 1, 2016
 September 1, 2016
85March 31, 2014
90April 9, 2014
107April 9, 2014
121June 2, 2011
124April 9, 2014
130April 9, 2014
 March 25, 2019
131April 9, 2014
 March 25, 2019
138April 9, 2014
 April 9, 2014
150April 6, 2020
 April 6, 2020
151September 16, 2019
 September 16, 2019
 September 16, 2019
 September 16, 2019
 September 16, 2019
 September 16, 2019
 September 16, 2019
 September 16, 2019
 September 16, 2019
152March 25, 2019
155March 25, 2019
 March 25, 2019
 March 25, 2019
158April 9, 2014
 April 9, 2014
164April 9, 2014
167April 9, 2014
175April 6, 2020
182April 9, 2014
269April 9, 2014

  Section 1 (1) definition of "nominee" BEFORE amended by 2014-9-50(a), effective April 9, 2014 (Royal Assent).

"nominee" includes

(a) a committee acting under the Patients Property Act, granted power over financial affairs

(b) an attorney acting under an enduring power of attorney as described in section 8 [enduring power of attorney] of the Power of Attorney Act,

(c) a representative acting under a representation agreement made under

(i) section 7 (1) (b) [standard provisions] of the Representation Agreement Act, or

(ii) section 9 (1) (g) [other provisions] of the Representation Agreement Act, and

(d) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development;

  Section 1 (1) definition of "representation grant" paragraph (d) BEFORE amended by 2014-9-50(b), effective April 9, 2014 (Royal Assent).

(d) an ancillary grant of probate, or

  Section 1 (1) definition of "chief executive officer" BEFORE replaced by "registrar general" by 2014-14-142, effective May 29, 2014 (Royal Assent).

"chief executive officer" means the chief executive officer under the Vital Statistics Act;

  Section 1 (1) definitions of "Nisga'a citizen", "Nisga'a Final Agreement", "Nisga'a Lands", "Nisga'a law", "Nisga'a Lisims Government" and "Nisga'a Village Government" BEFORE repealed by 2014-32-63, effective November 27, 2014 (Royal Assent).

"Nisga'a citizen" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;

"Nisga'a Lands" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a law" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Village Government" has the same meaning as in the Nisga'a Final Agreement;

  Section 1 (1) definition of "benefit plan" (f) was added by 2014-17-28, effective May 4, 2016 (BC Reg 101/2016).

  Section 2 (2) BEFORE amended by 2014-9-51, effective April 9, 2014 (Royal Assent).

(2) Two persons cease being spouses of each other for the purposes of this Act if,

(a) in the case of a marriage,

(i) they live separate and apart for at least 2 years with one or both of them having the intention, formed before or during that time, to live separate and apart permanently, or

(ii) an event occurs that causes an interest in family property, within the meaning of the Family Law Act, to arise, or

(b) in the case of a marriage-like relationship, one or both persons terminate the relationship.

  Section 2 (2.1) was added by 2014-9-51, effective April 9, 2014 (Royal Assent).

  Section 7 (part) BEFORE amended by 2014-9-52, effective April 9, 2014 (Royal Assent).

  for the purpose of the grant of probate or a small estate declaration, the event for which the will provides is conclusively deemed to have occurred.

  Section 16 BEFORE amended by 2019-4-4, effective March 25, 2019 (Royal Assent).

16   A proceeding in respect of the will of a Nisga'a citizen or a treaty first nation member must not be heard by the court at the instance of a party claiming the benefit of Division 6 [Variation of Wills] of Part 4 [Wills] unless a copy of the initiating pleading or petition has been served on the Nisga'a Lisims Government or the treaty first nation, as applicable.

  Sections 18.1 to 18.3 were enacted by 2009-13-18.1 to 18.3, effective May 26, 2014 (BC Reg 101/2014).

  Section 23 (2) (d) and (e) BEFORE amended by 2014-9-53, effective April 9, 2014 (Royal Assent).

(d) if there is no surviving descendant, parent or descendant of a parent, but the intestate is survived by one or more grandparents or descendants of grandparents,

(i) an equal part to the surviving parents of each of the intestate's parents, in equal shares of the part, but if a parent of the intestate has no surviving parent, that part to the descendants of that grandparent in equal shares, and

(ii) for the purpose of subparagraph (i), a part is determined by dividing the estate by the number of parents of the intestate who have

(A) a surviving parent, or

(B) a surviving descendent of the parent referred to in clause (A),

(e) if there is no surviving descendant, parent, descendant of a parent, grandparent or descendant of a grandparent, but the intestate is survived by one or more great-grandparents or descendants of great-grandparents,

(i) an equal part to the surviving grandparents of each of the intestate's parents, in equal shares of the part, but if a grandparent of the intestate has no surviving parent, that part to the descendants of that great-grandparent in equal shares, and

(ii) for the purpose of subparagraph (i), a part is determined by dividing the estate by the number of parents of the intestate who have

(A) a surviving grandparent, or

(B) a surviving descendent of the grandparent referred to in clause (A), or

  Section 24 (2) BEFORE amended by 2014-9-54(a), effective April 9, 2014 (Royal Assent).

(2) Subject to subsection (3), each surviving member of the generation nearest to the person that contains one or more surviving members must receive one share, and the share that would have been distributed to each deceased member if surviving must be divided among that member's descendants in the same manner as under subsection (1) and this subsection.

  Section 24 (3) BEFORE repealed by 2014-9-54(b), effective April 9, 2014 (Royal Assent).

(3) Distribution to descendants under subsections (1) and (2) as a result of an a parent of the descendants having predeceased the intestate ends with the children of a brother or sister of the intestate.

  Section 54 (2) BEFORE amended by 2014-9-55(a), effective April 9, 2014 (Royal Assent).

(2) An alteration to a will is valid if the signature of the will-maker to the alteration, and the witnesses to that signature of the will-maker, are made

(a) in the margin or in some other part of the will opposite to or near to the alteration, or

(b) at the end of or opposite to a memorandum referring to the alteration and written in some part of the will.

  Section 54 (4) was added by 2014-9-55(b), effective April 9, 2014 (Royal Assent).

  Section 56 (3) BEFORE amended by 2014-9-56, effective April 9, 2014 (Royal Assent).

(3) The operation of subsection (2) is not affected by a subsequent reconciliation of the will-maker and the spouse.

  Section 61 (1) (b) and (c) BEFORE amended by 2019-4-5, effective March 25, 2019 (Royal Assent).

(b) a copy of the initiating pleading or petition has been served on the executor of the will no later than 30 days after the expiry of the 180 day period referred to in paragraph (a) unless the court, before or after the expiration of the 30 days, extends the time for service, and

(c) if there are minor children of the will-maker, or if the spouse or a child of the will-maker is mentally incapable, a copy of the initiating pleading or petition has been served on the Public Guardian and Trustee.

  Section 61 (2), (3) and (5) BEFORE amended by 2019-4-5, effective March 25, 2019 (Royal Assent).

(2) A proceeding in respect of the will of a Nisga'a citizen or a treaty first nation member must not be heard by the court at the instance of a party claiming the benefit of this Division unless a copy of the initiating pleading or petition has been served on the Nisga'a Lisims Government or the treaty first nation, as applicable.

(3) If the Public Guardian and Trustee is served with a copy of the initiating pleading or petition under subsection (1), the Public Guardian and Trustee is entitled to appear, to be heard and to any costs that the court orders.

(5) Within 10 days from the date of the issue of the initiating pleading or petition, a plaintiff in a proceeding under this Division may register, in the land title office in which the title to land sought to be affected is registered, a certificate of pending litigation against the land in a form approved under the Land Title Act.

  Section 73 BEFORE amended by 2014-14-143, effective May 29, 2014 (Royal Assent).

Filing of notice of will

73   If a person makes a will, a notice of will may be filed with the chief executive officer in a form satisfactory to the chief executive officer.

  Section 74 BEFORE amended by 2014-14-143, effective May 29, 2014 (Royal Assent).

Filing of notice of revocation

74   If a will is revoked, whether or not a notice was filed under section 73, a notice of revocation in a form satisfactory to the chief executive officer may be filed with the chief executive officer.

  Section 75 BEFORE amended by 2014-14-143, effective May 29, 2014 (Royal Assent).

Filing notice of change of place of will

75   If a notice has been filed under section 73 and the will is no longer located at the place mentioned in the notice, notice of the change in a form satisfactory to the chief executive officer may be filed with the chief executive officer.

  Section 76 BEFORE amended by 2014-14-143, effective May 29, 2014 (Royal Assent).

Chief executive officer's records

76   The chief executive officer must maintain, in a system that the chief executive officer believes facilitates access to information by those who require it, a record of every notice filed under this Division.

  Section 77 BEFORE amended by 2014-14-143, effective May 29, 2014 (Royal Assent).

Search of records

77   (1) A lawyer or a member of the Society of Notaries Public of British Columbia may, on application in a form satisfactory to the chief executive officer, ascertain from the chief executive officer whether or not a notice has been filed under this Division.

(2) A person other than a lawyer or a member of the Society of Notaries Public of British Columbia may, on written application accompanied either by a certificate of the death of the person named in the application or by a statutory declaration proving to the satisfaction of the chief executive officer that the person named in the application has died, ascertain from the chief executive officer if the person named in the application has filed a notice under this Division.

(3) The chief executive officer must

(a) issue to an applicant under subsection (1) or (2)

(i) the search results for the person named in the application, and

(ii) a certificate showing the contents of the last notice that is relevant to the application, and

(b) permit the applicant, or the agent of the applicant, to inspect the notices.

(4) The chief executive officer may provide a lawyer or member of the Society of Notaries Public of British Columbia who is an applicant under subsection (1) with

(a) a copy of a notice filed under this Division, or

(b) access by computer or otherwise to information contained in a notice filed under this Division.

(5) Except as provided in this section, the chief executive officer must not provide to any person information regarding notices filed under this Division or information about whether or not a notice has been filed.

  Section 77 (2) BEFORE amended by 2016-4-30(a), effective September 1, 2016 (BC Reg 191/2016).

(2) A person other than a lawyer or a member of the Society of Notaries Public of British Columbia may, on written application accompanied either by a certificate of the death of the person named in the application or by a statutory declaration proving to the satisfaction of the registrar general that the person named in the application has died, ascertain from the registrar general if the person named in the application has filed a notice under this Division.

  Section 77 (6) and (7) were added by 2016-4-30(b), effective September 1, 2016 (BC Reg 191/2016).

  Section 85 (3) BEFORE amended by 2011-6-56, effective March 31, 2014 (BC Reg 149/2013).

(3) A person granted power over an adult's financial affairs under

(a) Part 2 of the Power of Attorney Act, or

(b) the Adult Guardianship Act

may make a designation under this section only if expressly authorized to do so by the court and the designation is not made in a will.

  Section 90 (1) BEFORE amended by 2014-9-57, effective April 9, 2014 (Royal Assent).

(1) Subject to subsection (2), a new designation of the same designated beneficiary may be made, other than by a will, by a representative of the participant, including one of the following:

(a) a committee acting under the Patients Property Act;

(b) an attorney acting under an enduring power of attorney as described in section 8 [enduring power of attorney] of the Power of Attorney Act;

(c) a representative acting under a representation agreement made under section 9 (1) (g) [other provisions] of the Representation Agreement Act;

(d) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development.

  Section 107 BEFORE amended by 2014-9-58, effective April 9, 2014 (Royal Assent).

Executor not joining an application

107   If an executor does not join an application for a grant of probate or administration with will annexed, the executor is not liable in respect of assets of the estate coming into the hands of a co-executor, an alternative executor, an administrator with will annexed or a declarant named in the representation grant, whether or not power is reserved to the executor to apply for a subsequent representation grant.

  Section 121 (2) BEFORE amended by 2011-6-34, effective June 2, 2011 (Royal Assent).

(2) An applicant or personal representative who, in accordance with the Supreme Court Civil Rules, makes reasonable efforts to discover the existence, identity or whereabouts of persons to whom the notice under subsection (1) is required to be given, but is unsuccessful, is not liable for any loss or damage arising from not giving the required notice except for claims

(a) to recover property or enforce an order, or

(b) under Division 6 [Variation of Wills] of Part 4 [Wills].

  Section 124 BEFORE amended by 2014-9-59, effective April 9, 2014 (Royal Assent).

Opportunity for Public Guardian and Trustee to comment

124   (1) If the Public Guardian and Trustee has, in accordance with the Supreme Court Civil Rules, been given notice of an application for grant of probate or administration, the court must not issue the grant of probate or administration unless

(a) the applicant provides to the court the written comments of the Public Guardian and Trustee, or

(b) the court is satisfied, in an additional application made with reasonable notice to the Public Guardian and Trustee, that it is necessary or appropriate to issue the grant before the Public Guardian and Trustee gives written comments.

(2) The applicant must, with respect to an application for grant of probate or administration under subsection (1), provide a copy of the grant of probate or administration to the Public Guardian and Trustee within 45 days after it is issued.

  Section 130 (g) BEFORE amended by 2014-9-60, effective April 9, 2014 (Royal Assent).

(g) any other person the court considers appropriate to appoint, including, without limitation, the Public Guardian and Trustee, subject to the Public Guardian and Trustee's consent.

  Section 130 (e.1) was added by 2019-4-6, effective March 25, 2019 (Royal Assent).

  Section 131 (c) BEFORE amended by 2014-9-61, effective April 9, 2014 (Royal Assent).

(c) any other person the court considers appropriate to appoint, including the Public Guardian and Trustee, subject to the Public Guardian and Trustee's consent.

  Section 131 (a.1) was added by 2019-4-7, effective March 25, 2019 (Royal Assent).

  Section 138 (2) (c) BEFORE amended by 2014-9-62(a), effective April 9, 2014 (Royal Assent).

(c) if the application relates to a foreign grant of administration with or without will annexed and security is required to be provided under section 128 [security for administration of estates] provide security in an amount approved by the court.

  Section 138 (3.1) was added by 2014-9-62(b), effective April 9, 2014 (Royal Assent).

  Section 150 (9) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).

(9) This section is subject to section 10 [limitation of actions, election and subrogation] of the Workers Compensation Act.

  Section 150 (10) (b) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).

(b) section 103 [liability of employer] of the Workers Compensation Act.

  Section 151 (0.1) was added by 2019-4-8(a), effective September 16, 2019 (BC Reg 195/2019).

  Section 151 (1) (part) BEFORE amended by 2019-4-8(b), effective September 16, 2019 (BC Reg 195/2019).

(1) Despite section 136 [effect of representation grant], a beneficiary or an intestate successor may, with leave of the court, commence proceedings in the name and on behalf of the personal representative of the deceased person

  Section 151 (1.1) was added by 2019-4-8(c), effective September 16, 2019 (BC Reg 195/2019).

  Section 151 (2) BEFORE amended by 2019-4-8(d), effective September 16, 2019 (BC Reg 195/2019).

(2) A beneficiary or an intestate successor may, with leave of the court, defend in the name and on behalf of the personal representative of a deceased person, a proceeding brought against the deceased person or the personal representative.

  Section 151 (2.1) was added by 2019-4-8(e), effective September 16, 2019 (BC Reg 195/2019).

  Section 151 (3) (a) (part) BEFORE amended by 2019-4-8(f), effective September 16, 2019 (BC Reg 195/2019).

(a) the court determines the beneficiary or intestate successor seeking leave

  Section 151 (3) (a) (ii) (B) BEFORE amended by 2019-4-8(g), effective September 16, 2019 (BC Reg 195/2019).

(B) any other beneficiaries or intestate successors, and

  Section 151 (3) (b) BEFORE amended by 2019-4-8(h), effective September 16, 2019 (BC Reg 195/2019).

(b) it appears to the court that it is necessary or expedient for the protection of the estate or the interests of a beneficiary or an intestate successor for the proceeding to be brought or defended.

  Section 151 (4) BEFORE amended by 2019-4-8(i), effective September 16, 2019 (BC Reg 195/2019).

(4) On application by a beneficiary, an intestate successor or a personal representative, the court may authorize a person to control the conduct of a proceeding under this section or may give other directions for the conduct of the proceeding.

  Section 152 (c) BEFORE amended by 2019-4-9, effective March 25, 2019 (Royal Assent).

(c) sets aside a reserve from the estate in an amount fixed by agreement, or by the court on application by the personal representative, to meet future claims that may be made in respect of a fixed or determined amount the deceased person agreed to pay or for which the deceased person was liable under the contract.

  Section 155 (1) BEFORE amended by 2019-4-10(a), effective March 25, 2019 (Royal Assent).

(1) The personal representative of a deceased person must not distribute the estate of the deceased person in the 210 days following the date of the issue of a representation grant except

(a) with the consent of all beneficiaries and intestate successors entitled to the estate, or

(b) by order of the court.

  Section 155 (1.1) to (1.4) were added by 2019-4-10(b), effective March 25, 2019 (Royal Assent).

  Section 155 (3) (c) was added by 2019-4-10(c), effective March 25, 2019 (Royal Assent).

  Section 158 (3) BEFORE amended by 2014-9-63, effective April 9, 2014 (Royal Assent).

(3) Subject to the terms of a will, if any, the court, by order, may remove or pass over a person otherwise entitled to be or to become a personal representative if the court considers that the personal representative or person entitled to become the personal representative should not continue in office or be granted probate or administration, including, without limitation, if the personal representative or person entitled to become the personal representative, as the case may be

(a) refuses to accept the office of or to act as personal representative without renouncing the office,

(b) is incapable of managing his or her own affairs,

(c) purports to resign from the office of personal representative,

(d) being a corporation, is dissolved or is in liquidation other than a voluntary dissolution or liquidation for the purpose of amalgamation or reorganization,

(e) on application by a creditor having a claim for more than a prescribed amount,

(i) has been convicted of an offence involving dishonesty, or

(ii) is an undischarged bankrupt,

(f) is

(i) unable to make the decisions necessary to discharge the office of personal representative,

(ii) not responsive, or

(iii) otherwise unwilling or unable to or unreasonably refuses to carry out the duties of a personal representative,

to an extent that the conduct of the personal representative hampers the efficient administration of the estate, or

(g) is a committee under the Patients Property Act .

  Section 158 (3) (e.1) and (3.1) were added by 2014-9-63(b) and (d), effective April 9, 2014 (Royal Assent).

  Section 164 (3) BEFORE amended by 2014-9-64, effective April 9, 2014 (Royal Assent).

(3) A grant of administration must not be issued

(a) except on affidavits made in accordance with the Supreme Court Civil Rules, and

(b) unless the court is satisfied that

(i) no grant of administration of the estate of the deceased person has been issued in British Columbia, and

(ii) no person in British Columbia is entitled to share in the distribution of the estate of the deceased person and is ready and competent to apply for a grant of administration.

  Section 167 (1) (b) BEFORE amended by 2014-9-65, effective April 9, 2014 (Royal Assent).

(b) the Public Guardian and Trustee intends to make an application under section 164 (2) for a grant of administration or to file a small estate declaration under Division 2 [Small Estate Administration] of this Part,

  Section 175 BEFORE re-enacted by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).

Definition

175   In this Division, "worker" means a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, in an industry within the scope of Part 1 of the Workers Compensation Act, whether by way of manual labour or otherwise.

  Section 182 (1) BEFORE amended by 2014-9-66, effective April 9, 2014 (Royal Assent).

(1) If a person entitled to receive a notice under this Act or the Supreme Court Civil Rules is a minor, the notice is valid only if it is given to every guardian of the minor.

  Section 269 BEFORE amended by 2014-9-69, effective April 9, 2014 (Royal Assent).

Repeal of consequential amendments that may become inoperative

269   The Lieutenant Governor in Council may, by regulation, repeal sections 196 to 203, 243, 244, 247, 267 and 268 of this Act.