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 [Repealed 2009-13-191(1), effective March 31, 2014 (B.C. Reg. 148/2013)].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 41 (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, paras. 635 and 672.