Land Title Practice Manual

29 Vesting Of Trust Property In Trustees

In This Volume

29 (1) If a deed by which a new trustee is appointed to perform a trust contains a declaration by the appointor to the effect that an estate or interest in land subject to the trust, or in a chattel subject to the trust, or the right to recover and receive a debt or other thing in action subject to the trust, vests in the persons who by virtue of the deed become and are the trustees for performing the trust, that declaration operates, without a conveyance or assignment, to vest in those persons, as joint tenants, and for the purposes of the trust, that estate, interest or right.

  • (2) If a deed by which a retiring trustee is discharged under this Act contains a declaration referred to in this section by the retiring and continuing trustees, and by any other person, if any, empowered to appoint trustees, that declaration operates, without a conveyance or assignment, to vest in the continuing trustees alone, as joint tenants, and for the purposes of the trust, the estate, interest or right to which the declaration relates.
  • (3) This section does not extend to land conveyed by way of mortgage for securing money subject to the trust, or to a share, stock, annuity or property that is only transferable in books kept by a company or other body, or in a manner directed under any Act of the Legislature.
  • (4) For the purposes of registration of the deed in a land title office, the persons making the declaration are deemed to be the conveying parties, and the conveyance is deemed to be made by them under a power conferred by this Act.
  • (5) This section applies only to deeds executed after July 1, 1905.

1979-414-29; 2007-14-201, effective December 1, 2007 (B.C. Reg. 354/2007).

PRACTICE

Deed Does Not Contain Section 29(1) or (2) Declaration

If a deed appointing a new trustee or discharging an old trustee does not contain a s. 29(1) or (2) declaration, the deed must convey the property in question to the new trustee in trust.

Registrar Requires Proof of Appointment of New Trustee

New trustees are generally appointed under provisions of the trust instrument, under ss. 27 to 35 of the Act, or by the court. The registrar requires proof of the appointment of a new trustee and of the death, discharge, or removal of an old trustee. See the Appendix, “Death, Discharge, or Removal of Personal Representative Before Completing the Administration of an Estate” in this chapter following the Wills, Estates and Succession Act for further details in relation to personal representatives under that Act.

Form of Application where Trust Agreement Pre-dates Current Registered Owner’s Acquisition of Fee Simple

Submissions

On the Form 17 Fee Simple, select Nature of Interest, Application to Amend Title Owner s. 180(9) LTA, and attach an image of the original trust agreement. The application is accompanied by a Property Transfer Tax form.

Form of Application where Trust Agreement Pre-dates Current Registered Owner’s Acquisition of Charge

Submissions

On the Form 17 Charge, Notation or Filing, select one of the applicable Natures of Interest:

  • Application to Amend Charge Owner s. 180(9) LTA (No PTT); or
  • Application to Amend Charge Owner s. 180(9) LTA (PTT).

Attach an image of the original trust instrument to the Form 17 and, if applicable, the application is accompanied by a Property Transfer Tax form.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 2, para. 542.