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B.C. Reg. 148/2013
O.C. 190/2013
Deposited March 28, 2013
effective March 31, 2014
This consolidation is current to June 20, 2017.

Wills, Estates and Succession Act

Wills, Estates and Succession Regulation

Contents
Part 1 — General
1Definition
2Prescribed taxes
3Prescribed jurisdictions
4Prescribed amount
5Prescribed rate
Part 2 — Wills Notices
6Filing wills search certificate in court registry
7Court registrar's duties in respect of wills search and certificates
8Index of wills notices
9Transfers to "inactive" index
10 Wills searches
11Certificates
12Fees

Part 1 — General

Definition

1  In this regulation, "Act" means the Wills, Estates and Succession Act.

Prescribed taxes

2  The prescribed taxes for the purposes of section 32 (b) [occupancy costs of spousal home] of the Act are taxes on capital gains associated with the spousal home.

Prescribed jurisdictions

3  The prescribed jurisdictions for the purposes of section 138 (1) [resealing foreign grant and ancillary grants] of the Act are the following:

(a) any member of the British Commonwealth of Nations;

(b) any of the states of the United States of America;

(c) Hong Kong (Special Administration Region of China).

Prescribed amount

4  The prescribed amount for the purposes of section 158 (3) (e) [application to remove or pass over personal representative] of the Act is $10 000.

Prescribed rate

5  The prescribed rate for the purposes of section 171 (2) [provable debts] of the Act is 5% per year.

Part 2 — Wills Notices

Filing wills search certificate in court registry

6  Where a certificate referred to in section 77 (3) [search of records] of the Act is required or used in support of an application for a representation grant, the certificate must be filed in the court registry in which the application for the representation grant is made.

Court registrar's duties in respect of wills search and certificates

7  (1) The district registrar at the court registry in which the application referred to in section 6 is made must keep the certificate of search on file in the court registry.

(2) If the certificate of search refers to a wills notice in respect of a will or codicil bearing the same date as the will or codicil in respect of which a representation grant is issued, the district registrar must

(a) mark on a photocopy of the certificate of search the place and date of issuance of the letters of administration with the will annexed or letters probate, the wills notice number referred to on the certificate of search, the court registry filing number and the date of the will or codicil that is the subject of the representation grant, and

(b) mail the photocopy to the chief executive officer.

Index of wills notices

8  (1) The chief executor officer must maintain an "active" index of wills notices, listing all notices filed under sections 73 [filing of notice of will], 74 [filing of notice of revocation] and 75 [filing notice of change of place of will] of the Act, relating to wills of will-makers in respect of whom the chief executive officer has not been notified of the issuance of a grant of letters of administration with the will annexed or letters probate.

(2) The chief executive officer must maintain an "inactive" index of wills notices, listing all notices filed under sections 73 to 75 of the Act, relating to wills of will-makers in respect of whom the chief executor officer has been notified of the issuance of a grant of letters probate or letters of administration with the will annexed.

Transfers to "inactive" index

9  On receipt of a photocopy of a certificate of search marked as required by section 7, the chief executor officer must transfer to the "inactive" index information relating to all wills notices which are clearly identifiable as pertaining to the will-maker on whose behalf the representation grant has been issued, after which the chief executive officer may destroy the photocopy.

Wills searches

10  A search under section 77 (1) or (2) of the Act must be limited to a search of the "active" index referred to in section 8 (1) unless the application for search specifically requests that the search be made in the "inactive" index.

Certificates

11  A certificate under section 77 (3) of the Act may be accompanied by an abstract of information from each wills notice or by copies of the wills notices, or by a combination of abstracts and copies.

Fees

12  (1) The fees under Division 7 [Registration of Notice of Will] of Part 4 [Wills] of the Act are the following:

(a) under section 73 or 74 of the Act, $17 for each notice filed;

(b) under section 75 of the Act,

(i) $17 for each notice filed, or

(ii) $1 700 for 100 or more notices that are filed by a person at one time,

whichever is less;

(c) under section 77 of the Act,

(i) $20 for each search request submitted,

(ii) an additional $33 for each search request submitted when same day service is requested and provided, and

(iii) an additional $5 for each alias name recorded on the search request form.

(2) For fees in subsection (1), except in paragraphs (b) (ii) and (c) (ii) and (iii), a further operator fee of $1.50, plus any tax imposed under Part IX of the Excise Tax Act (Canada) on the operator fee, may be charged for any transaction done by electronic means from a location outside a government office or at a government office by a person who is not a government employee.

[Provisions relevant to the enactment of this regulation: Wills, Estates and Succession Act, S.B.C. 2009, c. 13, section 184]