Overview Of The Estate Administration Act

PRACTICE ALERT—TRANSITIONAL PROVISION

Note that s. 191(1) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, in force March 31, 2014, by B.C. Reg. 148/2013, repealed the Estate Administration Act, R.S.B.C. 1996, c. 122.

Section 185 provides that the Wills, Estates and Succession Act applies to deaths occurring on or after March 31, 2014.

Section 188 provides that where administration or probate were granted under the Estate Administration Act, before March 31, 2014, those grants are deemed to have been granted under the Wills, Estates and Succession Act.

The Act deals with the administration of the estates of deceased persons and with intestate succession.

It is selective and should be considered in conjunction with common law principles.

GENERAL EFFECT ON LAND TITLE PRACTICE

Sections of the Act included below affect the registration of title in the name of personal representatives, dealings with land by personal representatives, and the registration of such dealings.

Sections 27 to 32 of the Act generally, and particularly ss. 31 and 64, deal with the replacement of personal representatives on account of discharge or death. For the requirements of the land title office where there is a death, discharge or removal of a personal representative before completion of the administration of an estate, see the Appendix at the end of this Act.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

The material under the Estate Administration Act should be read in conjunction with relevant provisions of the Land Title Act, in particular, s. 180 (recognition of trust estates), ss. 263 to 268 (transmission of fee simple and charge on death of testator or intestate), and ss. 269 to 270 (transmission of fee simple and charge on death of joint tenant).

Secondary Sources

See generally chapter 10 (Transmission and Transfer of Assets in Estate Administration) of the British Columbia Probate and Estate Administration Practice Manual, 2nd ed. (CLEBC, 2007–).