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In This Volume

This chapter includes references to practices and procedures for trustees, executors, and administrators in dealing with land under their administration. The primary statutes, sections of which are reproduced in this chapter, are the Trustee Act, R.S.B.C. 1996, c. 464, Wills, Estates and Succession Act, S.B.C. 2009, c. 13, and Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3. This chapter also includes the repealed provisions of the Estate Administration Act, R.S.B.C. 1996, c. 122 as these provisions continue to apply to deaths that occurred before March 31, 2014.

References are made to other Acts that deal with estate administration or trusts, including the Public Guardian and Trustee Act, R.S.B.C. 1996, c. 383, Patients Property Act, R.S.B.C. 1996, c. 349, Trust and Settlement Variation Act, R.S.B.C. 1996, c. 463, Estates of Missing Persons Act, R.S.B.C. 1996, c. 123, and former Wills Variation Act, R.S.B.C. 1996, c. 490.

For the convenience of readers, the Presumption of Death Act, R.S.B.C. 1996, c. 444 is also included in this chapter. In addition, selected provisions are included on the powers of trustees of a religious society or congregation of Christians in the province under the Trustee (Church Property) Act, R.S.B.C. 1996, c. 465, or trustees of the United Church under the United Church of Canada Act, S.C. 1924, c. 100, and on the preparation of instruments where the trustees under these Acts exercise their powers in relation to land. The information provided in relation to these two Acts should be considered a supplement to the requirements of the Director of Land Titles for electronic and hardcopy submissions.