132 Special Circumstances

PRACTICE

Wills, Estates and Succession Act, Section 103 and Section 132 Orders—Transmission into Name of Administrator

An order issued pursuant to s. 103 or 132 of the Wills, Estates and Succession Act (the “WESA”) appoints an interim administrator and does not result in a grant of probate or administration. The general purpose of such an order is to appoint an interim administrator of the estate and to protect the estate’s assets until an event has occurred (e.g., legal proceedings have concluded or the next of kin is no longer a minor and is able to act). A subsequent grant is required in order to distribute the estate.

Statement of Assets, Liabilities, and Distribution Is Not Required

If an order issued pursuant to s. 103 or 132 of the WESA contains an appointment of an administrator, the registrar relies on the authority of the order to transmit the property. Under these circumstances, a Statement of Assets, Liabilities and Distribution (or other document describing the land or charge affected as set out in s. 266) is not required.

For a precedent for either a s. 103 or 132 order under the WESA that appoints an administrator, see the British Columbia Probate and Estate Administration Practice Manual, 2nd ed. (CLEBC, 2007–).

Wills, Estates and Succession Act Section 103 and Section 132 Orders—Sale or Transfer by Administrator Prior to Grant

Section 142(1) of the WESA provides that the personal representative has the same authority over the estate as the deceased person would have if living. This power is subject to a contrary intention appearing in the will of the deceased person and to the rules set out in the WESA or any other enactment.

When an administrator has been appointed by a court order under s. 103 or 132 of the WESA, the administrator’s authority over the estate is subject to and limited by those powers outlined in the court order. These orders do not result in a grant of probate or administration and do not provide the administrator with the authority to distribute the estate.

Court orders issued pursuant to ss. 103 and 132 may, however, provide the administrator with the authority to transfer or sell the deceased’s property. Upon receiving an application to transfer or sell property of the deceased held in the name of the administrator under such circumstances, the registrar confirms that the order issued pursuant to s. 103 or 132 grants the administrator with the authority to do so and confirms that the transfer or sale does not constitute a distribution.