Land Title Practice Manual

85 Intestate Leaving Spouse And Issue

In This Volume

85 (1) In this section, “net value” means the value of an estate wherever located, both in and out of British Columbia, after payment of the charges on it and the debts, funeral expenses, expenses of administration and probate fees.

  • (2) This section applies if an intestate dies leaving a spouse and issue.
  • (3) If the net value of the person’s estate is not greater than $65,000, the estate goes to the spouse.
  • (4) If the net value of the person’s estate is greater than $65,000, the spouse is entitled to $65,000, and has a charge on the estate for that sum.
  • (5) After payment of the sum of $65,000, the residue of the estate goes as follows:
  • (a) if the intestate dies leaving a spouse and one child, 1/2 goes to the spouse;
  • (b) if the intestate dies leaving a spouse and children, 1/3 goes to the spouse.
  • (6) If a child has died leaving issue and the issue is alive at the date of the intestate’s death, the spouse takes the same share of the estate as if the child had been living at the date.

1979-114-96; 1983-4-4, effective October 1, 1983. [Repealed 2009-13-191(1), effective March 31, 2014 (B.C. Reg. 148/2013)].

PRACTICE

Transfer of Land to Widow or Widower Where No Children or Issue

Where the registrar is satisfied that the deceased has left no children or other issue, the administrator need not establish the value of the whole estate on the transfer of land to a widow or widower because the widow or widower takes everything.

Transfer of Land to Widow or Widower Where There Are Children or Issue

Where Estate Exceeds $65,000 in Value

Where the net value of an estate exceeds $65,000, the registrar does not allow the administrator to transfer any land to the widow or widower unless the administrator provides the consents of all the children or issue (with evidence that they are of full age). Where the children or issue are not of full age, the Public Guardian and Trustee must consent to the transfer.

Where Estate is Less Than $65,000 in Value

The registrar allows the administrator to transfer land to the widow or widower if the administrator provides satisfactory evidence that the estate does not exceed $65,000. Satisfactory evidence consists of the following:

  1. court granted letters of administration under s. 17(2) of the Act declaring the net value of the estate not to exceed $65,000; and
  2. the affidavit of the administrator in support of the application for administration.