142 Personal Representatives—general Authority

In This Volume

142 (1) A personal representative has the same authority over the estate in respect of which the personal representative is appointed as the deceased person would have if living, subject to

(a) a contrary intention appearing in the will of the deceased person, and
(b) this or any other enactment.

(2) A personal representative must exercise authority to

(a) administer and distribute the estate in respect of which the personal representative is appointed,
(b) account to beneficiaries, creditors and others to whom the personal representative has at law a duty to account, and
(c) perform any other duties imposed on the personal representative by the will of the deceased person or by law.

2009-13-142, effective March 31, 2014 (B.C. Reg. 148/2013).

CONSENTS

Submissions

Where the lands are being transferred to a party other than the beneficiary of the specific bequest of land in a will, on the Declaration form, enter the consents rather than in a separate attached letter. When the consent is entered on a Declaration, an attached consent letter is not necessary and should not be attached. The electronic Declaration is submitted in support of the instrument that creates the interest in land.

The following is a preferred form of declaration that may be used by applicants to cover the consent requirements and are described on a Declaration form:

Transfer of Property Specifically Bequeathed:

Wills, Estate and Succession Act
(Section 142)
Consent of Beneficiaries
To: Registrar of Titles
Land Title District
I hereby confirm that:

(a) an interest in land that forms part of the estate of the deceased person that was specifically bequeathed is not being distributed to the beneficiaries set out in the will.
(b) all beneficiaries entitled to the specific bequest have provided their consent to the registration of this instrument.