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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.