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27 (1) If this Division applies, the personal representative of a deceased person must, at the time an application for a representation grant is made, give notice to the surviving spouse of the right of the surviving spouse to acquire the spousal home in accordance with this Division.

  • (2) A surviving spouse must exercise the right to acquire the spousal home during the period ending no later than 180 days after the date on which the representation grant is issued to the personal representative unless the court, before or after the expiration of that period, extends the time by which the right may be exercised.
  • (2.1) If the spousal home is located on Nisga’a Lands or treaty lands, the personal representative must, at the time an application for a representation grant is made, give notice of section 18.3 to the surviving spouse in addition to the notice under subsection (1).
  • (3) If the court grants an extension of the period referred to in subsection (2), a personal representative who disposes of the spousal home is not liable if the disposal is made
  • (a) after 180 days from the date the representation grant is issued, and
  • before the notice of the right to acquire the spousal home is delivered to the personal representative under section 29(1) or before the court, under subsection (2) of this section, extends the time by which that right may be exercised.

2009-13-27, effective March 31, 2014 (B.C. Reg. 148/2013); 2011-6-14.