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In This Volume

  • 264 If an applicant becomes registered as personal representative of a deceased owner,
  • (a) in the case of land, the applicant is invested with all the title of the deceased owner in it, and
  • (b) in the case of a charge, the applicant is invested with all the rights and powers of the deceased owner,
  • and the title of the applicant relates back to and takes effect as and from the date of the death of the deceased.

1979-219-243.

PRACTICE

If the disclosure statement or Inventory X filed under s. 265 or 266 discloses an unregistered interest in land, the registrar requires an applicant for transmission to resolve the unregistered interest to the satisfaction of the registrar.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Devolution of Real Estate

See the materials on the Wills, Estates and Succession Act, particularly Part 6, Division 10, Devolution of Land, ss. 162 and 163 of that Act, at chapter 62 (Trustees, Personal Representatives, and Trustees in Bankruptcy) in this Manual.

See also s. 4 of the Presumption of Death Act, R.S.B.C. 1996, c. 444, which provides:

  • Duty of personal representative
  • 4 If an order has been made declaring that a person is presumed to be dead for all purposes or for the purpose of distributing his or her estate, and the personal representative of the person presumed to be dead subsequently believes or there are reasonable grounds for the personal representative to believe that the person is not in fact dead, the personal representative must not deal after that with the estate or the remaining estate unless the presumption of death is confirmed by a further order made under section 3.

1977-28-3.

Restrictions under Financial Institutions Act

See s. 70 of the Financial Institutions Act, R.S.B.C. 1996, c. 141 regarding restrictions on corporations carrying on trust businesses in the province.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, paras. 674 and 676.