Land Title Practice Manual

167 Powers Before Grant Issued Trustee

In This Volume

  • 167 (1) If, after investigation, the Public Guardian and Trustee
  • (a) believes that a person has died, and
  • (b) intends to make an application under section 164(2) for a grant of administration,
  • the Public Guardian and Trustee may, before or after making the application or filing the small estate declaration and before a grant of administration is issued, act under subsection (2).
  • (2) The Public Guardian and Trustee may do any or all of the following as if a grant of administration of the deceased person’s estate had been issued to the Public Guardian and Trustee:
  • (a) arrange the funeral of the deceased person;
  • (b) make an inventory of the deceased person’s estate;
  • (c) take possession of, safeguard and dispose of the deceased person’s estate.
  • (3) In acting under this section, the Public Guardian and Trustee
  • (a) has a right to all information and records to which or in respect of which the deceased person had custody or control or would have been entitled to, and
  • (b) may require a person to disclose that information or produce those records to the Public Guardian and Trustee.
  • (4) A letter signed by an authorized signatory of the Public Guardian and Trustee indicating that the Public Guardian and Trustee is acting under this section is conclusive proof of the Public Guardian and Trustee’s authority to exercise the rights and powers conferred by this section.
  • (5) The Public Guardian and Trustee or an agent, attorney, employee or other person acting on behalf of the Public Guardian and Trustee is not personally liable as an executor de son tort by reason of exercising the powers conferred by this section.
  • (6) This section does not relieve the Public Guardian and Trustee from
  • (a) making an application for a grant of administration, or
  • (b) filing a small estate declaration under Division 2 [Small Estate Administration] of this Part.

2009-13-167, effective March 31, 2014 (B.C. Reg. 148/2013); 2014-9-65.

PRACTICE

Verification of Appointment

Where the Public Guardian and Trustee executes a land title form as the signatory for the deceased under s. 167 of the WESA, the registrar requires the s. 167(4) letter signed by an authorized signatory of the Public Guardian and Trustee that indicates the Public Guardian and Trustee is acting under s. 167.

Submissions

On the Declaration form, enter a description of the s. 167(4) letter, and attach an image of the letter. The electronic Declaration is submitted in support of the instrument that creates or deals with the interest in land.

Execution of Instruments

In the following example Jane Smith is the deceased. An authorized signatory of the PublicGuardian and Trustee executes the land title form in the following format:

JANE SMITH

BY THE PUBLIC GUARDIAN AND TRUSTEE BY ITS AUTHORIZED SIGNATORY UNDER S. 167 OF WESA

The authorized signatory of the Public Guardian and Trustee must execute the instrument in the presence of an officer in accordance with Part 5 of the Land Title Act. See in particular ss. 45 and 46 of the Land Title Act.