155 Distribution Of Estate | Land Title Practice Manual

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155 (1) Subject to this section, the personal representative of a deceased person must not distribute the estate of the deceased person within the 210 days following the date of the issue of a representation grant except by order of the court.

(1.1) The personal representative of a deceased person who died with a will may distribute the estate of the deceased person within the 210 days following the date of the issue of a representation grant with the consent of all of the following:

(a) all beneficiaries who have an interest in the estate;
(b) all persons who may commence a proceeding under Division 6 [Variation of Wills] of Part 4 [Wills] in relation to the estate.

(1.2) The personal representative of a deceased person who died without a will may distribute the estate of the deceased person within the 210 days following the date of the issue of a representation grant with the consent of all intestate successors entitled to a share of the estate.

(1.3) Despite subsections (1.1) and (1.2), the personal representative of a deceased person may distribute the estate of the deceased person without the consent of one or more persons whose consent would otherwise be required if the personal representative sets aside all of the following:

(a) all the specific gifts to beneficiaries who have not been located;
(b)
a sum equal to the share of the residue of all beneficiaries who
- (i) have an interest in the residue, and
- (ii) have not been located;
(c)
a sum equal to the share of the estate of all intestate successors who
- (i) have an interest in the estate, and
- (ii) have not been located;
(d) a sum equal to an amount sufficient to satisfy any claim under Division 6 [Variation of Wills] of Part 4 [Wills] in relation to the estate.

(1.4) A personal representative is liable for loss or damage to any person arising from a distribution of the estate of the deceased person under subsection (1.3) unless the personal representative demonstrates that the personal representative has done all of the following:

(a) set aside all the specific gifts referred to in subsection (1.3)(a);
(b) set aside the sums equal to the shares referred to in subsection (1.3)(b) and (c);
(c) determined and set aside a sum equal to the total amount sufficient to satisfy all claims referred to in subsection (1.3)(d), if those claims are successful.

(2) The personal representative of a deceased person must not distribute the estate of the deceased person after the period referred to in subsection (1) without consent of the court if

(a) a proceeding has been commenced to determine whether a person is or is not a beneficiary or intestate successor in respect of the deceased person’s estate,
(b) relief is sought under Division 6 of Part 4, or
(c) other proceedings have been commenced which may affect the distribution of the estate.

(3) Nothing in this section

(a) affects any right or remedy against a person to whom an estate has been distributed in whole or in part,
(b) extends any applicable limitation period, or
(c) affects the ability to make a payment to a creditor.

2009-13-155, effective March 31, 2014 (B.C. Reg. 148/2013); 2019-4-10.

CONSENTS

Submissions

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 are preferred forms of declaration that may be used by applicants to cover the consent matters noted in s. 155, and are described on a Declaration form:

Distribution of the Estate within 210 Days:

Wills, Estate and Succession Act
(Section 155)
Consent of Beneficiaries or Intestate Successors
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 is being distributed by the attached instrument within the 210 days following the date of the issue of a representation grant, and
(b) all beneficiaries or intestate successors entitled to the estate have provided their consent to the registration of this instrument, or the requirements of section 155(1.3) have been met for all beneficiaries and intestate successors that have not been located.

Transfer within 210 Days:

Wills, Estate and Succession Act
(Section 155)
Consent of Beneficiaries or Intestate Successors
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 is not being distributed by the attached instrument within the 210 days following the date of the issue of a representation grant [optional: but being converted to cash], and
(b) there is no requirement for beneficiaries or intestate successors entitled to the estate to provide their consent to the registration of this instrument.