55 Power Of Personal Representative Or Trustee

In This Volume

55 A personal representative or trustee who resides outside British Columbia and who has the power, either alone or jointly with another or others, to sell and transfer land or to create a charge on land may
- (a) act in British Columbia by attorney, and
- (b) unless expressly forbidden by the trust instrument, give a valid power of attorney for the exercise in British Columbia of that power and of all discretionary powers in connection with it to any person capable of acting as attorney, including a co-personal representative or a co-trustee.

1979-219-55.

PRACTICE

General Common Law Rule Prohibiting Delegation by Personal Representative or Trustee

Section 55 creates an exception to the rule that a personal representative or trustee cannot delegate or assign, by power of attorney or otherwise, their discretion in dealing with real property unless authorized by the trust instrument.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Witnessing and Execution of Instruments outside British Columbia

A personal representative or trustee who resides outside the province will be required to comply with Part 5 of the Act in the exercise of their powers under this section. See the discussion of officer certification made outside British Columbia under s. 42 of the Act.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, §11:7.