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98 (1) In an intestacy, unless the court on application orders otherwise, the surviving spouse takes no part of the deceased spouse’s estate if the spouses

  • (a) had, immediately before the death of one spouse, separated for not less than one year with the intention of living separate and apart, and
  • (b) had not during that period lived together with the intention of resuming cohabitation.
  • (2) On the application of the surviving spouse, the executor or administrator or any person interested in the estate of the deceased spouse, and on evidence the court considers relevant, the court may
  • (a) determine the matter, and
  • (b) in its discretion, direct the costs to be paid out of the estate of the deceased spouse.
  • (3) An application to the court under this section must not be made unless it is commenced not later than 6 months after the date of the issue of letters of administration of the deceased spouse’s estate.

1972-3-4; 1986-16-18, effective October 1, 1986 (B.C. Reg. 170/86). [Repealed 2009-13-191(1), effective March 31, 2014 (B.C. Reg. 148/2013)].