163 Transfer Of Land To Beneficiary May Be Subject To A Charge

In This Volume

163 (1) A transfer of land by a personal representative to a beneficiary may be made subject to a charge for payment of money that the personal representative is liable to pay.

(2) On registration of a transfer under subsection (1) that is subject to a charge for the whole amount that the personal representative is liable to pay, the liability of the personal representative in respect of the land for a debt or obligation of the deceased person ceases.

2009-13-163, effective March 31, 2014 (B.C. Reg. 148/2013).

PRACTICE

Acceptance of “Assent to Devise”

The registrar requires, under s. 185(1) of the Land Title Act, that “a transfer of freehold estate must be in the form approved by the director and on a single page”. However, in some circumstances the registrar may accept an “assent to devise”, given s. 185(2) of the Land Title Act which provides that:

(2) This section does not apply

(a) if a form of transfer is prescribed by another enactment, or

(b) if, in the opinion of the registrar, it would be proper to accept another form of transfer.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

For information about restriction on dealings under Part 4, Division 6 (Variation of Wills), see ss. 60, 61, 68, and 69 of the Wills, Estates and Succession Act beginning at “60 Maintenance from estate” in this chapter.