Land Title Practice Manual

77 Devolution Of Real Estate To Personal Representatives

In This Volume

  • 77 (1) Despite a testamentary disposition, if real estate is vested in a person without a right in any other person to take by survivorship, on the person’s death it devolves to and becomes vested in the person’s personal representatives as if it were a chattel real vesting in them.
  • (2) This section applies to real estate over which a person executes by will a general power of appointment as if it were real estate vested in the person.
  • (3) Probate and letters of administration may be granted in respect of real estate only, although there is no personal estate.
  • (4) This section applies to all cases of death on or after June 1, 1921.
  • (5) Subsections (1), (2) and (3) apply if the death occurred before June 1, 1921 and administration has not been granted.
  • (6) If
  • (a) administration of the personal estate of a person who died before June 1, 1921 has been granted, and
  • (b) real estate of the deceased is registered or vested in the deceased without a right in any other person to take by survivorship, or in the deceased’s predecessor in title,
  • the real estate is deemed to have vested in the personal representative of the deceased under subsection (1) or (2), and no further order or grant is necessary.
  • (7) Sections 78 to 80 apply to all real estate vested or to be vested by the operation of this section.

1979-114-90. [Repealed 2009-13-191(1), effective March 31, 2014 (B.C. Reg. 148/2013)].

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Land Charged under the Land (Spouse Protection) Act

See s. 4 of the Land (Spouse Protection) Act, at chapter 42 (Family Matters), which provides:

  • 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.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, §14:81 and §16:2.