Land Title Practice Manual

78 Administration Of Real Estate

In This Volume

78 (1) Subject to the powers, rights, duties and liabilities mentioned in this Part, the personal representatives of a deceased person must hold the real estate as trustee for the persons by law beneficially entitled to it.

  • (2) The persons beneficially entitled to the real estate have the same power of requiring a transfer of real estate as persons beneficially entitled to personal estate have of requiring a transfer of the personal estate.
  • (3) The powers, rights, duties and liabilities of personal representatives in respect of personal estate and all enactments and rules of law relating to
  • (a) the effect of probate or letters of administration as respects chattels real,
  • (b) dealings with chattels real before probate or administration, and
  • (c) the payment of costs of administration and other matters in relation to the administration of personal estate,
  • apply to real estate, so far as they are applicable, as if that real estate were a chattel real vesting in the personal representatives.
  • (4) As an exception to subsection (3), it is not lawful for some or one only of several joint personal representatives to sell or transfer real estate without the authority of the court.
  • (5) Despite subsection (4), if probate is granted to one or some of several persons named as executor, power being reserved to the others or other to prove, the sale, transfer or disposition of real estate may be made by the proving executor or executors without the authority of the court, and is as effectual as if all persons named as executors had concurred in it.
  • (6) In the administration of the assets of a person dying on or after June 1, 1921, the person’s real estate must be administered in the same manner, subject to the same liabilities for debt, costs and expenses, and with the same incidents as if it were personal estate.
  • (7) Nothing in this section alters or affects the order in which real and personal assets respectively were immediately before that date applicable in or toward the payment of funeral and testamentary expenses, debts or legacies, or the liability of real estate to be charged with the payment of legacies.

1979-114-91. [Repealed 2009-13-191(1), effective March 31, 2014 (B.C. Reg. 148/2013)].

PRACTICE

Application for Transfer on Intestacy

The registrar requires that the administrator file the appropriate documents necessary to transfer an interest in land under the Land Title Act.

The registrar will examine the letters of administration or letters of administration resealed in British Columbia, together with the affidavit of the administrator, in order to determine if there are any restrictions placed on the administrator by the court, and establish who is entitled on the intestacy.

Where the administrator conveys to one or more of several heirs, the registrar requires consents from the remaining heirs.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Rules of Intestate Succession

Where the administrator transfers on an intestacy, the registrar examines the rules of intestate succession contained in Part 10 of the Act (ss. 81 to 99) to ensure that they have been properly applied.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, paras. 675 and 679.