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“Point in Time” Act Content

PROBATE RECOGNITION ACT

[RSBC 1996] CHAPTER 376

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
ActMarch 31, 2014

  Act BEFORE repealed by 2009-13-192 effective March 31, 2014 (BC Reg 148/2013).

Probate Recognition Act

[RSBC 1996] CHAPTER 376

Definitions

1  In this Act:

"British possession" means any part of the British Commonwealth exclusive of the United Kingdom;

"court of probate" means any court having jurisdiction in matters of probate.

Lieutenant Governor in Council may apply Act to United Kingdom or British possession

2  On being satisfied that the Legislature of the United Kingdom, or of any British possession, has made adequate provisions for the recognition in the United Kingdom or in that possession of probates and letters of administration granted by the courts of British Columbia, the Lieutenant Governor in Council may direct by order in council that this Act, subject to any exceptions and modifications specified in the order, applies to the United Kingdom or that possession, and then, while the order is in force, this Act applies accordingly.

Admission of probate and letters of administration from U. K. or British possession

3  (1) If a court of probate in the United Kingdom, or in any British possession to which this Act applies, has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy deposited with, the court of probate in British Columbia, be sealed with the seal of that court, and then is or are of the same effect, and has or have the same operation in British Columbia, as if granted by the court of probate of British Columbia.

(2) The copy deposited under subsection (1) is to be examined and certified in the registry in which the probate or letters are resealed.

(3) Despite subsection (2), the court must, before receiving a probate or letters of administration under this section, be satisfied, in the case of letters of administration, that security has been given in a sum sufficient to cover the property, if any, in British Columbia to which the letters of administration relate, and may require the evidence the court thinks fit as to the domicile of the deceased person.

(4) The court may dispense with a bond if it is sworn that there are no debts for which the estate is or may be liable in British Columbia, and that the estate is of small value, or that the administrator is the beneficiary.

(5) The court may dispense with a bond if all parties who are or may be beneficially interested in the estate consent in writing.

(6) For this section, a duplicate of any probate or letters of administration sealed with the seal of the court granting the probate or letters of administration or a copy certified as correct by or under the authority of the granting court has the same effect as the original.

Orders in council may be revoked

4  The Lieutenant Governor in Council may, by order, revoke or alter an order in council previously made under this Act.