Land Title Practice Manual

266 Death After March 31, 1947

In This Volume

  • 266 (1) An application to register a transmission of land or a charge consequent on the death of a will-maker or intestate occurring after March 31, 1947, but before January 1, 1959, must not be dealt with by the registrar unless there is filed in the land title office
  • (a) a certified copy of the grant of probate or grant of administration issued from the court in the province that made or resealed the grant, and
  • (b) [Repealed 2018-37-20.]
  • (c) an office copy of that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected.
  • (2) If the death occurred on or after December 31, 1958, but before April 1, 1963, the applicant must comply with subsection (1)(a) and file an office copy of that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, that correctly describes the land or charge affected.
  • (3) If the death occurred after March 31, 1963, but before January 1, 1972, the applicant must comply with subsection (1)(a) and file an office copy of that portion of Inventory X, Schedule A, of the Succession Duty Act, that correctly describes the land or charge affected.
  • (4) If the death occurred after December 31, 1971, but before January 25, 1977, the applicant must comply with subsections (1)(a) and (3).
  • (5) If the death occurred after January 24, 1977, the applicant must comply with subsection (1)(a) and if application for grant or reseal of probate or grant of administration was filed with the registrar of the court in British Columbia
  • (a) before January 1, 1982, file an office copy of that portion of Inventory X, Schedule A, of the Probate Fee Act, R.S.B.C. 1979, c. 338, or
  • (b) after January 1, 1982, file an office copy of that portion of the declaration and disclosure document required by section 122 of the Wills, Estates and Succession Act,
  • that correctly describes the land or charge affected.
  • (6) The registrar may dispense with the filing of the document required in subsection (5)(b).

1979-219-245; 1981-4-9, proclaimed effective January 1, 1982; 1999-6-16, effective September 10, 1999 (B.C. Reg. 287/99); 2004-66-76, effective January 20, 2005 (B.C. Reg. 16/2005); 2009-13-195 and 230, effective March 31, 2014 (B.C. Reg. 148/2013); 2018-37-20.

FORMS

Forms of Application

Electronic Submissions

On the Form 17 Fee Simple or Form 17 Charge, Notation or Filing, select Nature of Interest, Transmission to Executor or Administrator, and attach an image of the original transmission documents.

PRACTICE

Where an applicant presents a grant of probate or grant of administration under a power of attorney, the applicant need not file the power of attorney. The grant speaks for itself.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Foreign Grants

See ss. 138 to 140 of the Wills, Estates and Succession Act regarding the resealing of foreign grants.

Wills, Estates and Succession Act Section 103 and 132 Orders

For information about how s. 266 of the Land Title Act applies to an order issued pursuant to s. 103 or 132 of the Wills, Estates and Succession Act, see the “Practice” annotation at “132 Special circumstances” in chapter 63.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, para. 674.

CASE LAW

Executors under Foreign Grants

When an executor under a foreign grant of probate dies without resealing in a jurisdiction where resealing is permitted, the executor’s executor may not be entitled to reseal in the jurisdiction because the chain of representation is broken (Re Aikins Estate, 1962 CanLII 300 (SK QB)).

An alternative course to follow in the situation described in Re Aikins Estate would be for the executor or executrix to apply for an ancillary grant of administration with will annexed (Re Dunning, 1983 CanLII 2331 (SK SU)).