21 Spouse And Descendants | Land Title Practice Manual

In This Volume

21 (1) In this section:
“household furnishings” means personal property usually associated with the enjoyment by the spouses of the spousal home;
“net value of an intestate estate” means the value of an intestate estate after deducting from its fair market value, both inside and outside British Columbia,

(a) the value of household furnishings distributed to a spouse under subsection (2), and
(b) charges, debts, funeral and administration expenses, and fees under the Probate Fee Act, payable from the estate.

(2) If a person dies without a will leaving a spouse and surviving descendants, the following must be distributed from the intestate estate to the spouse:

(a) the household furnishings;
(b) a preferential share of the intestate estate in accordance with subsection (3) or (4).

(3) If all descendants referred to in subsection (2) are descendants of both the intestate and the spouse, the preferential share of the spouse is $300 000, or a greater amount if prescribed.
(4) If all descendants referred to in subsection (2) are not common to the intestate and the spouse, the preferential share of the spouse is $150 000, or a greater amount if prescribed.
(5) If the net value of an intestate estate is less than the spouse’s preferential share under subsection (3) or (4), the intestate estate must be distributed to the spouse.
(6) If the net value of an intestate estate is the same as or greater than the spouse’s preferential share under subsection (3) or (4),

(a) the spouse has a charge on the intestate estate for the amount of the spouse’s preferential share under subsection (3) or (4), and
(b)
the residue of the intestate estate, after satisfaction of the spouse’s preferential share, must be distributed as follows:
- (i) one half to the spouse;
- (ii) one half to the intestate’s descendants.

2009-13-21, effective March 31, 2014 (B.C. Reg. 148/2013).

PRACTICE

Transfer of Land to Widow or Widower Where There Are Children or Issue

Where Estate is Less Than $150,000 in Value

The registrar allows the personal representative to transfer land to the widow or widower if the personal representative provides satisfactory evidence that the estate does not exceed $150,000. Satisfactory evidence consists of the following:

certified copy of grant of administration declaring the net value of the estate not to exceed $150,000; and
the affidavit of the personal representative in support of the application for administration.

Where Estate Exceeds $150,000 but less than $300,000 in Value

If the estate is between $150,000 and $300,000 in value, the registrar does not allow the personal representative to transfer any land to the widow or widower unless the personal representative provides the consent of all descendants, with evidence that they are of full age, or evidence satisfactory to the registrar that the descendants are common to the spouse and intestate.

Where Estate Exceeds $300,000 in Value

Where the net value of an estate exceeds $300,000, the registrar does not allow the personal representative to transfer any land to the widow or widower unless the personal representative provides the consents of all the children or issue with evidence that they are of full age. Where the children or issue are not of full age, the Public Guardian and Trustee must consent to the transfer.