319 Service If Person Is Dead

• 319 (1) If it appears that a person, in this section called the “deceased”, shown on the register or in an instrument or document to be a proper person to be served with a notice is dead, service may be effected on the personal representative of the deceased.
• (2) If the deceased has been dead for at least one year and

• (a) the will of the deceased has not been proved, nor a grant of administration issued, or
• (b) the personal representative has died and no successor has been appointed,

• the notice may, with the approval of the registrar, be served on the persons who are beneficially entitled.
• (3) If a will has not been probated and the provisions of it have been made known to the registrar, service may, with the approval of the registrar, be effected on the persons claiming under a devise in the will.
• (4) If

• (a) a will has not been probated, or
• (b) there is an intestacy,

• the registrar may, by order, name one or more of the persons beneficially entitled as the persons to be served as representatives of the whole class of beneficiaries.
• (5) A service effected under this section has the same effect on the estate of the deceased and on all persons claiming under the deceased as if a duly appointed personal representative of the estate had been served.

1979-219-300; 2009-13-233, effective March 31, 2014 (B.C. Reg. 148/2013).