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In This Volume

  • 4 (1) If an entry has been made on the title under section 2, section 162(1) of the Wills, Estates and Succession Act applies to the devolution of the homestead.
  • (2) Despite any testamentary disposition or rule of law and subject to the liability of the land comprising the homestead for foreclosure or the payment of debts, a personal representative holds the homestead in trust for an estate for the life of the surviving spouse.

1979-223-4; 1985-68-66, effective April 17, 1985 (B.C. Reg. 392/85); 2009-13-226, effective March 31, 2014 (B.C. Reg. 148/2013).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 1, paras. 305 and 315, and vol. 3, para. 967.

CASE LAW

Section 4 constitutes an absolute ban to partition of a homestead. Even if it did not, a court should refuse an application for an order for partition where the order would deprive the spouse of the life interest given under s. 4. (Pietrzykowski v. Pietrzykowski (1966), Nanaimo P334/1966).