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| This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
1. In this Act
"administration" includes all letters of administration of the estates of deceased persons, whether with or without the will annexed, and whether granted for general, special or limited purposes;
"court" means the Supreme Court or a judge of it;
"estate", when applied in respect of a person who died before June 1, 1921, means personal estate, and when applied in respect of a person who died on or after that date includes both personal estate and real estate;
"intestate" or "person dying intestate" means a person owning property dying without a will;
"matters and causes testamentary" includes all matters and causes relating to the grant and revocation of probate of wills or letters of administration;
"proceedings" means a matter or proceeding had or taken within the meaning of section 134 whether according to its exact or intended form or not;
"testator" means the person making a will, whether the person be male or female;
"will" includes codicil and all testamentary instruments of which probate may be granted.
Historical Note(s): RS1960-3-2; 1975-1-1; 1989-40-82.
2. This Act extends to all persons entitled or acting under a will, codicil or other testamentary instrument whenever executed.
Historical Note(s): RS1960-3-3.
Part 1 — Generally, of Grants of Administration, Revocation, Renunciation and Discharge
3. From and after the decease of a person dying intestate, and until administration is granted in respect of his estate and effects, the personal estate and effects of the deceased person are vested in the court, subject only to the power of a court of competent jurisdiction to grant administration in respect of them.
Historical Note(s): RS1960-3-5.
4. After the death of a person dying intestate, the administrator appointed by the court shall pay the debts due by the intestate as far as the goods of the deceased will extend, in the same way the executor of that party would have been bound if he made a will.
Historical Note(s): RS1960-3-6.
5. For the purposes of this Act, an administrator of the estate of a deceased person shall be deemed to be administrator as if there had been no interval of time between the death of the deceased and the grant of administration.
Historical Note(s): RS1960-3-7.
6. (1) Where a person dies intestate, or the executor named in a will refuses to prove the will, the court may grant the administration of the estate of the testator or of the intestate to the widow or husband of the testator or intestate, or grant the administration to one or more of the next of kin or to the widow or to the husband jointly with one or more of the next of kin, as to the court seems expedient; but where the executors named in a will refuse to prove the will, the administration to be granted by the court shall be administration with the will annexed, and the will of the deceased in the testament expressed shall be performed and observed. An administrator so appointed by the court has the same powers as an executor to demand or to recover by an action or otherwise payment of debts due to the intestate, and also to administer his estate, and has in respect of them the same responsibilities as an executor, if appointed, would have had.
(2) Where a person dies possessed of real estate, the court shall, in granting letters of administration or letters of administration with the will annexed, have regard to the rights and interests of persons interested in his real estate, and his heirs at law and devisees of his real estate, if not of the next of kin, are equally entitled to the grant with the next of kin.
Historical Note(s): RS1960-3-8; 1976-33-3.
7. Where a person dies intestate, or leaves a will, but without having appointed an executor willing and competent to take probate, or where the executor at the time of the death of the person resides out of the Province, and it appears to the court to be necessary or convenient by reason of the insolvency of the estate of the deceased or of other special circumstances to appoint some person to be the administrator of the estate of the deceased, or part of it, other than the person who but for this section would have been entitled to a grant of administration, the court may, in its discretion, appoint a person it thinks fit to be the administrator, on his giving security the court shall direct. Every such administration may be limited or on condition or otherwise, as the court thinks fit.
Historical Note(s): RS1960-3-9.
8. Pending an action touching the validity of a will, or for obtaining, recalling or revoking a probate or a grant of administration, the court may appoint an administrator of the estate of the deceased person. The administrator so appointed has all the rights and powers of a general administrator, other than the right of distributing the estate, and is subject to the control of the court, and shall act under its direction.
Historical Note(s): RS1960-3-10.
9. Where in an action or other proceeding before the court it appears to the court that a deceased person who was interested in the matters in question has no legal personal representative, the court may either proceed in the absence of a representative or appoint a person to represent the estate for the purposes of the action or proceeding, on the notice to the persons the court thinks fit, either specially or generally, by public advertisement or otherwise. The order so made by the court and every order consequent on it, binds the estate of the deceased person in the same manner as if his legal personal representative had been a party to the action or proceeding and had appeared and submitted his interests to the protection of the court.
Historical Note(s): RS1960-3-11.
10. At the expiration of 12 calendar months from the death of a testator, or of a person deceased intestate, if the executor to whom probate of the will or the administrator to whom administration of the estate has been granted is then residing out of the Province, the court may, on the application of a creditor, next of kin or legatee, on an affidavit setting out the capacity in and the grounds on which the applicant applies, and that delay is being caused in the administration of the estate of the testator or intestate, owing to his absence from the Province, grant to the applicant special administration of the estate of the testator or intestate, either general or limited, and on the terms as to notice and security as the court thinks fit. These provisions shall not be construed to abridge the powers of the court as defined in preceding sections.
Historical Note(s): RS1960-3-12.
11. The court may, pending an application for the grant of special administration under section 10, appoint a person to collect any debts or effects due to the estate and to give discharges for them, but the person shall give security as the court orders for the proper discharge of his duties.
Historical Note(s): RS1960-3-13.
12. The person to whom administration is granted under section 10 has the same powers as an administrator appointed pending the minority of the next of kin.
Historical Note(s): RS1960-3-14.
13. If an executor capable of acting and who has left the Province returns to it and becomes resident in it when an application under section 10 is pending, the executor shall be made a party to the application, and the costs incurred by granting administration under section 10 shall be in the discretion of the court.
Historical Note(s): RS1960-3-15.
14. Where an infant is sole executor under a will, administration with the will annexed, either general or limited, and on terms the court may direct, shall be granted to the guardian of the infant or to a person the court thinks fit, until the infant attains the age of 19 years, at which period, and not before, probate of the will shall be granted to him.
Historical Note(s): RS1960-3-16.
15. Where the next of kin of a deceased intestate is or are under the age of 19 years, administration, either general or limited and either solely or jointly with another person and on the terms as to security and otherwise as the court may direct, may be granted to a person the court thinks fit during the minority of the next of kin.
Historical Note(s): RS1960-3-17.
16. After a grant of administration, no person other than the person to whom administration is granted may institute an action or otherwise act as executor of the deceased, as to the estate comprised in or affected by the grant, until the grant has been revoked.
Historical Note(s): RS1960-3-18.
17. All second and subsequent grants of probate or administration shall be made in the registry where the original will is deposited, or the original grant of probate or administration was made, and in respect of the second or subsequent grant of probate or administration made or to be made in a registry, it need not appear by affidavit that the testator or intestate had a fixed place of abode in the district, county or registry in which the application is made.
Historical Note(s): RS1960-3-19.
18. (1) A person to whom administration is granted shall enter into a bond, together with one or more surety or sureties as the court thinks fit, made in favour of the person and drawn in a form as may be directed by the court or by the Rules of Court, conditioned for the making of a true inventory and account, including the disposition of the estate which has come into his hands or under his control under the grant, and also conditioned for collecting and administering the estate of the deceased; but nothing in this section shall be construed to require an official administrator acting within the limits within which he holds office to give security other than that otherwise required by law.
(2) The court may dispense with a bond where it is sworn that there are no debts for which the estate is or may be liable, or that the estate is of small value, or that the administrator is the beneficiary, or where all parties, who are or may be beneficially interested in the estate, consent to it in writing.
(3) Where the order dispensing with a bond contains a declaration that it has been found to the satisfaction of the court that the estate is of a net value as defined in section 96 of $65 000 or less, the declaration is binding on every person, whether or not under legal disability entitled to share in the estate in accordance with Part 7 of this Act, and an office copy of the order is at all times and on behalf of all persons, and whether for the purposes of this Act or otherwise, admissible as evidence of the order of which it purports to be a copy without any further proof of it.
Historical Note(s): RS1960-3-20; 1963-1-2; 1969-35-2; 1983-4-1, effective October 1, 1983.
19. Bonds shall be in a penalty of double the amount under which the estate of the deceased is sworn, unless the court directs them to be reduced. The court may also direct that more than one bond shall be given, so as to limit the liability of a surety.
Historical Note(s): RS1960-3-21.
20. In lieu of the bond with one or more surety or sureties, the court may direct that the bond or policy of guarantee of an incorporated company empowered to grant guarantees, bonds, covenants or policies for due and faithful accounting may be accepted as security, and all the provisions with reference to the bonds mentioned in sections 18 and 19 apply, with the necessary changes and so far as applicable, to the security to be given under this section.
Historical Note(s): RS1960-3-22.
21. The court may, on application by summons and on being satisfied that the condition of a bond has been broken, order the registrar or person to whom the bond has been made pursuant to the order of the court to assign the bond to a person named in the order. The assignee, his executor or administrator may then sue on the bond in his own name or as the executor or administrator, as the case may be, and he is entitled to recover on it as trustee, or for the benefit of all persons interested, the amount recoverable for a breach of the condition of the bond.
Historical Note(s): RS1960-3-23.
22. Where an administrator has passed his final account and has paid into court or distributed the whole of the property of the deceased that has come into his hands, the court may, after notice given to all the beneficiaries in a manner the court approves, direct that the bond or other security furnished by the administrator be delivered up to be cancelled.
Historical Note(s): RS1960-3-24.
23. (1) In the case of an estate not exceeding $10 000 in value, it is not necessary for the official administrator or another person to be appointed administrator by order of the court, but the official administrator or a person competent to take out administration has in that case the same power and authority to administer the estate as if he had been appointed by order of a court to administer it, on satisfying the registrar of the court by affidavit filed that he is competent to take out administration of the estate and that the value of the estate does not exceed $10 000. Where the official administrator or another person has become empowered to administer an estate under this section, letters of administration or letters of administration with the will annexed shall be issued to him, and so long as he continues to act as administrator of it this section does not apply to empower another person to administer the same estate.
(2) The bond which a person to whom administration is granted under this section would otherwise be required to enter into under section 18 may be entered into with the sureties the registrar thinks fit, and the registrar may dispense with a bond where it is sworn that there are no debts for which the estate is or may be liable, that the administrator is the beneficiary or where all parties who are or may be beneficially interested in the estate consent to it in writing.
(3) The provisions of section 135 applicable to the court apply to a registrar acting under this section.
Historical Note(s): RS1960-3-25; 1962-1-2; 1966-1-2; 1974-2-2; 1979-2-1; 1983-4-2, effective October 1, 1983.
24. Where, before the revocation of a temporary administration, proceedings have been commenced by or against an administrator to whom the grant of a temporary administration has been made, the court in which the proceedings are pending may, after revocation, order that a suggestion be made on the record of the revocation of the administration and of the grant of probate or administration which has been consequently made, and that the proceedings be continued in the name of the new executor or administrator as if the proceedings had been originally commenced by or against the new executor or administrator, but subject to terms the court may direct.
Historical Note(s): RS1960-3-26.
25. Where a probate or administration is revoked, all payments bona fide made to an executor or administrator under the probate or administration before revocation are a legal discharge to the person making them. The executor or administrator who has acted under a revoked probate or administration may retain and reimburse himself for any payments made by him and which the person to whom probate or administration is afterwards granted might have lawfully made.
Historical Note(s): RS1960-3-27.
26. All persons making or permitting to be made a payment or transfer, bona fide, on a probate or letters of administration granted in respect of the estate of a deceased person shall be indemnified and protected in so doing, notwithstanding a defect or irregularity affecting the validity of the probate or letters of administration.
Historical Note(s): RS1960-3-28.
27. Where a person renounces probate of the will of which he is appointed executor, the rights of the person in respect of the executorship wholly cease. The representation to the testator and the administration of his estate shall and may, without any further renunciation, devolve as if the person had not been appointed executor.
Historical Note(s): RS1960-3-29.
28. Where an executor appointed in a will survives the testator, and dies without having taken probate, and where an executor named in a will is cited to take probate and does not appear, the right of that person in respect of the executorship wholly ceases. The representation to and the administration of the testator's estate devolves, without formal renunciation, as if that person had not been appointed executor.
Historical Note(s): RS1960-3-30.
29. The court may direct that administrators and receivers appointed pending suits involving matters testamentary shall receive out of the personal and real estate of the deceased reasonable remuneration it thinks fit.
Historical Note(s): RS1960-3-31.
30. In sections 31 to 37 of this Part, the expression "personal representative", where a personal representative is also a trustee of the estate or part of the estate under administration, includes the personal representative and trustee.
Historical Note(s): RS1960-3-32.
31. (1) A personal representative of a deceased person may at any time apply to the court to be discharged from his office, whether as personal representative alone or as personal representative and trustee.
(2) A personal representative may make the application whether he has been appointed executor under a will or administrator by the court, and in either case either alone or jointly with another person, and either before or after a grant of letters probate or letters of administration, and whether the personal representative is a trustee of the estate or part of it or not, and whether the personal representative has dealt or partially dealt with the estate or a portion of it or not, or has to any extent acted in the exercise of a trust or power conferred on or vested in him or not.
Historical Note(s): RS1960-3-33.
32. The application shall be made ex parte by notice of motion supported by an affidavit, setting out the circumstances and showing what parties are interested in the estate under administration or to which the trusts apply. On the hearing of the application the court may, if the court thinks it expedient, give directions as to the parties to be served with a notice of the further hearing of the application, and may direct the manner of giving the notice, whether personally or by way of substituted service or by any manner of service, outside the Province or otherwise, and the limit of time of the notice, and may adjourn the hearing of the application.
Historical Note(s): RS1960-3-34; 1976-33-4; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
33. Where the accounts of the personal representative applying for discharge have been passed under section 101 of the Trustee Act, and the court is satisfied that no further passing of accounts is necessary, or where all parties agree, then on a person or trust company being appointed under this Part in the place and stead of the personal representative applying for discharge, and on compliance with section 35, the personal representative applying for discharge is, on the order of the court to that effect, discharged as personal representative, and is, except in respect of undisclosed acts, neglects, defaults or accounts, or dishonest or unlawful conduct, or breach of trust while holding office as the personal representative, released from all actions, claims and demands for or concerning his office as personal representative. The production of an office copy of the order discharging him and approving of the passing of his accounts is, except as stated above, an absolute bar to any such action, claim or demand.
Historical Note(s): RS1960-3-35; 1976-33-5.
34. The court shall, on granting the discharge of the personal representative applying for discharge, except where the administration of the estate is completed or for any other reason a new personal representative is, in the opinion of the court, unnecessary, appoint some other person or trust company consenting to act to be administrator or administrator with the will annexed, as the case may be, in the place of the personal representative being discharged, and may also appoint that other person or trust company to be a trustee in the place of the personal representative being discharged, if he is a trustee having trusts vested in him. Where a person, other than a trust company, is appointed by such an order the court shall fix the security to be given by that person, and the appointment shall not take effect until security is given in accordance with the order.
Historical Note(s): RS1960-3-36; 1976-33-5.
35. An assurance, deed or thing requisite for vesting the estate or part of it in a person or trust company appointed pursuant to this Part in the place and stead of a personal representative applying for discharge, whether in the person or trust company alone, or jointly with a personal representative continuing to act under a former appointment, shall be executed or done by the personal representative applying for discharge.
Historical Note(s): RS1960-3-37; 1976-33-5.
36. For the purpose of an act relating to the registration of title to land, the personal representative applying for discharge shall be deemed to convey under a power conferred by this Act.
Historical Note(s): RS1960-3-38; 1976-33-5.
37. A person or trust company appointed pursuant to this Part in the place and stead of a personal representative applying for discharge has and may exercise the same powers, authorities and discretions in respect of the estate or trust as were had or exercisable by the personal representative applying for discharge, and shall perform the same duties and is subject to the same obligations and control as were by law imposed on the personal representative applying for discharge.
Historical Note(s): RS1960-3-39; 1976-33-5.
Part 2 — Official Administrators
38. In this Part "estate" means real and personal estate of every kind, including messuages, tenements and hereditaments, corporeal and incorporeal, goods, chattels and credits of every kind and description, whatever the estate or interest in it may be, and whether legal or equitable, together with all paths, passages, ways, watercourses, water records, water rights, liberties, privileges, easements, mines, minerals, quarries, trees and timber on it, under it or appertaining to it, and mineral claims for which Crown grants have been issued.
Historical Note(s): RS1960-3-40.
39. (1) The Lieutenant Governor in Council may appoint for all of the Province or for a part of the Province specified in the appointment, the Public Trustee or another person to act as official administrator.
(2) Each official administrator is a corporation sole with an official seal and having the rights, powers, duties and liabilities appertaining to an official administrator.
(3) Where necessary, the Lieutenant Governor in Council may by order make provision for the substitution of one official administrator for another and for consequent vesting of property and transfer of rights, liabilities, powers and duties.
Historical Note(s): RS1960-3-41; 1975-1-2; 1989-26-1.
40. (1) An official administrator may appoint one or more deputy official administrators and shall specify the powers to be exercised and the duties to be performed by each deputy official administrator.
(2) In an appointment under subsection (1), the official administrator may limit the area of the Province, within which a deputy official administrator may exercise his powers and perform his duties, to a lesser area than the official administrator is appointed for.
(3) In addition to the powers conferred under subsection (1), a deputy official administrator has, in the event of a vacancy in the office of the official administrator, the power to perform any act of the official administrator.
(4) The exercise by a deputy official administrator of a power authorized under this section which he purportedly exercises in accordance with this section shall, in the absence of proof to the contrary, be deemed to have been properly and validly exercised.
Historical Note(s): 1989-26-2.
40.1 An official administrator may delegate a power, duty or function conferred or imposed on him by an enactment to any person.
Historical Note(s): 1989-26-3.
42. A person appointed official administrator shall, before entering on the duties of his office, provide security in the amount, manner and form the Lieutenant Governor in Council shall direct, for the due performance of the duties of his office, and for the due accounting for and payment of all money which shall come into his possession or control by virtue of his office and employment.
Historical Note(s): RS1960-3-43; 1989-26-5.
43. (1) On the death, resignation or removal of an official administrator, his successor in office shall, immediately on his appointment and by virtue of it, become administrator of the estate of every deceased person as shall have been left unadministered by his predecessor. All the estate vested in the official administrator dying, resigning or being removed vests in the successor immediately on his appointment to the office. Every successor, immediately on his appointment and by virtue of it, becomes entitled to the possession of all books, accounts, letters, papers and documents of every description used by or in the possession or under the control of the predecessor relating to an estate administered by him or to his office of official administrator.
(2) On the death, resignation or removal of a deputy official administrator, the official administrator for which the deputy official administrator acted, immediately becomes administrator of the estate of every deceased person as shall have been left unadministered by the deputy official administrator. All the estate vested in the deputy official administrator dying, resigning or being removed vests in the official administrator immediately on the death, resignation or removal of the deputy official administrator, and the official administrator immediately becomes entitled to the possession of all books, accounts, letters, papers and documents of every description used by or in the possession or under the control of the deputy official administrator relating to an estate administered by him or to his office of deputy official administrator.
(3) An executor or administrator of the estate of an official administrator or deputy official administrator dying and every official administrator or deputy official administrator resigning or being removed shall, on request in writing of the Attorney General, promptly deliver over to the successor or to the official administrator, or to another person the Attorney General may appoint to receive the same, all books, accounts, letters, papers and documents of every description in his possession or under his control relating to an estate administered by the official administrator or deputy official administrator dying, resigning or being removed, or to his office of official administrator or deputy official administrator.
(4) [Repealed 1989-26-6.]
Historical Note(s): RS1960-3-44; 1989-26-6.
44. A person interested as a creditor, next of kin, legatee, heir at law, devisee or otherwise in the estate of a deceased person of which the official administrator is administrator may, on the neglect or refusal of the official administrator to do an act in relation to the estate as administrator of it, or to do an act which, under the provisions of this Act, he ought to do in relation to any estate, or on his doing or threatening to do an act in breach of his duty as administrator, apply ex parte on affidavit to the court out of which the grant of administration issued, for a summons calling on the official administrator to show cause before the court why he should not do or abstain from doing the act. The order may be granted subject to conditions for giving security for costs the court may impose.
Historical Note(s): RS1960-3-45.
45. On the return of the summons, the court may make an order on it as is deemed necessary or expedient, and may make an order as to the payment of costs by the complainant, or the official administrator personally or out of the estate, as in the discretion of the court seems just.
Historical Note(s): RS1960-3-46.
46. An official administrator, on receiving information of the death of a person who had at the time of his death his fixed place of residence in the part of the Province for which the official administrator has been appointed to act, or, in case the deceased had no fixed place of abode in or resided out of the Province, if he had real or personal estate in that part of the Province at the time of his death,
(a) shall, if the person died intestate as to the whole or a portion of his estate, or leaving a will, but without having appointed an executor willing and competent to take out letters probate; or
(b) may, where the executor named by the deceased is resident out of the Province at the time of the death of the deceased;
promptly cause application to be made to the court for a grant of administration of the estate of the deceased; but no grant shall be made except on affidavits of the same nature, as nearly as possible, as those required for a grant of letters of administration in other cases, or unless the court is satisfied that no official administrator for another part of the Province has received a grant of administration of the estate, and that the deceased has no relatives in the Province entitled to share in the distribution of the estate of the deceased and ready and competent to take out letters of administration.
Historical Note(s): RS1960-3-47; 1966-1-3; 1989-26-7.
47. (1) The official administrator shall make application for, and shall be granted, administration of the estate of a deceased person where all the heirs and next of kin of the deceased person who are in the Province and are competent to take out letters of administration renounce or request that an administrator of the estate be appointed.
(2) Notwithstanding subsection (1), the court may, on the application of a person who has the consent of every heir who is competent to apply for administration of an estate, appoint the applicant as administrator of the estate instead of the official administrator.
Historical Note(s): RS1960-3-48; 1989-26-8.
48. (1) Where administration of an estate is granted to an official administrator, he is the administrator of the estate of the deceased in the Province and, so far as it is not otherwise provided by this Act, has the rights, duties and liabilities of an administrator with regard to the estate of the deceased, not only in the county or counties, or part of a county, for which he may have been appointed official administrator, but elsewhere in the Province, and
(a) he shall hold the estate of the deceased on trust to lease or sell, call in and convert the same into money at the times, in the manner, on the terms for cash or credit with power to give options, as he in his discretion believes advisable;
(b) he may postpone the conversion of the estate of the deceased or a part of it and may retain a portion of it in the form in which it is at the date of the death of the deceased, whether or not it is in the form of an investment in which a trustee is authorized to invest under the Trustee Act, and whether or not there is a liability attached to a portion of the property, for the length of time as he in his discretion believes advisable;
(c) he shall not be held responsible for a loss that may happen to the property by reason of his exercising, in good faith and with due diligence, the powers conferred by this section; and
(d) in exercising the power of sale conferred by this section he may, in his discretion, mortgage all or a part of the property of the deceased.
(2) An official administrator may distribute all or part of the estate of a deceased to the heirs of the deceased in specie as the official administrator in his discretion may decide.
Historical Note(s): RS1960-3-49; 1966-1-4.
49. The estate dealt with by every such grant is liable and subject to the payment of whatever duties may be payable in respect of probates of wills and letters of administration granted or issued under the laws in force at the time of the grant.
Historical Note(s): RS1960-3-51.
50. (1) An official administrator shall, in the prescribed manner and at the prescribed times, pay to the Public Trustee all money received by the official administrator, or a person appointed or retained by him, and the Public Trustee shall place the money to the credit of the estate in the Public Trustee Trust Fund Account.
(1.1) The Attorney General may direct a person to audit the accounts of an estate or to audit the financial procedures and controls of a person who holds money from an estate.
(1.2) The cost of an audit under subsection (1.1) shall be borne by the Attorney General.
(2) Where
(a) the official administrator certifies to the Attorney General that he has completed the administration of an estate, or
(b) an audit directed under subsection (1.1) is completed and the auditor certifies that no further audit of the accounts of the estate is necessary;
and the Attorney General approves the certificate, the official administrator is discharged as administrator and personal representative of the deceased person and is, except for a sum received and not accounted for by him, or for his wilful neglect or default, released from all actions, claims and demands concerning his office as administrator and personal representative of the deceased.
(2.1) A certificate referred to in subsection (2) that purports to be made by an official administrator or auditor or approved by the Attorney General is evidence of its contents and of the Attorney General's approval and is, on production, except as provided in subsection (2), a bar to an action, claim or demand against the official administrator.
(3) Money paid into the Public Trustee Trust Fund Account under subsection (1) may be invested by the Minister of Finance in investments permitted for a trust fund under section 36 (2) of the Financial Administration Act and shall be credited with earnings from the investments in a manner directed by the Minister of Finance.
Historical Note(s): RS1960-3-52; 1966-1-5; 1977-31-1; 1981-15-92, proclaimed effective November 26, 1981; 1985-51-18, effective July
52. An official administrator shall make an inventory of all the estate of the persons whose estates he has been appointed to administer, and shall keep an account of all his receipts, payments and disbursements, and shall keep all letters received and copies of all letters written by him, and all deeds, papers and writings of and relating to the estates which have been in the possession of any such deceased person at the time of his death, and any person may inspect the separate accounts relating to an estate at the office of the official administrator.
Historical Note(s): RS1960-3-54; 1989-26-11.
53. Where a person is entitled to receive money out of the fund standing at the credit of an estate administered by an official administrator, the official administrator appointed to administer the estate shall certify to a voucher in favour of the person, and the Public Trustee shall promptly satisfy the claim out of the funds standing at the credit of the estate on which the claim is made.
Historical Note(s): RS1960-3-56; 1989-26-12.
54. (1) The share of an infant in the funds of an estate administered by an official administrator shall, on distribution of the estate, be paid into court without formal order of the court, to be held in trust for the infant until he attains the age of 19 years or until otherwise ordered by the court.
(2) Subject to an order made by the court in the meantime, on the production to the registrar of the court of satisfactory proof that the person for whom the funds were paid into court under subsection (1) has attained the age of 19 years, the funds shall be paid out of court to the person without further or special order of the court.
Historical Note(s): RS1960-3-57.
55. In administering an insolvent estate, an official administrator shall comply with Part 8.
Historical Note(s): RS1960-3-58; 1966-1-7.
56. Where an official administrator, after investigation as he considers necessary, believes that a person has died and that the official administrator will be required to bring an application for letters of administration of the estate of the deceased person under section 46 or 47, the official administrator may arrange the funeral of the deceased person, and make inventory of, take possession of, safeguard and dispose of the real and personal estate of the deceased person as though he were the administrator of the estate of the deceased person under a grant of letters of administration. This section does not relieve the official administrator from making application for a grant of letters of administration under section 46 or 47.
Historical Note(s): RS1960-3-59; 1966-1-8.
57. An official administrator has the same right to require a release and discharge, on winding up an estate in his charge and handing over the property which may be in his hands to the person or persons entitled to it, as an administrator or another trustee has under the same circumstances.
Historical Note(s): RS1960-3-60.
59. Notwithstanding that administration of an estate has been granted to an official administrator, the court that granted the letters of administration may grant probate of the will or letters of administration of the estate of the deceased person to any person entitled to it, in the manner and subject to the limitations or conditions the court thinks proper; but no application for a grant shall be made until 4 days after notice in writing of the intention to apply for the grant has been left at the office of the official administrator.
Historical Note(s): RS1960-3-62.
60. Immediately on the grant of probate or letters of administration, all the interests, powers, rights and duties of the official administrator, except the rights conferred by this section, in regard to the estate of the deceased person whose estate is affected by the grant cease. Subject to the allowance and payment of all money due for the commission of the official administrator and the necessary outlay, disbursements, costs, charges and expenses in relation to the estate, including all costs of appearing on the application for the probate or letters of administration and consequent on them, and subject also to this section, the portion of the estate of the deceased person left unadministered by the official administrator vests in the executor or administrator obtaining the grant of probate or letters of administration.
Historical Note(s): RS1960-3-63.
61. (1) An official administrator is entitled to receive by way of remuneration a commission, according to a scale to be fixed by the Lieutenant Governor in Council, in addition to any other allowance for expenses actually incurred to which an administrator may by law be entitled; but nothing in this section authorizes an official administrator to deduct a commission or allowance before paying the money to the Public Trustee.
(2) In addition to the commission to which he is entitled under subsection (1), an official administrator who is a member in good standing of the Law Society of British Columbia is entitled to receive additional remuneration as may be fixed by the Lieutenant Governor in Council by way of fees for professional legal services necessary to the administration of the estate and performed by the official administrator.
(3) Unless otherwise provided by order of the Lieutenant Governor in Council, where the person holding the office of official administrator is an employee within the meaning of the Public Service Act, he shall not receive a commission by way of remuneration under subsection (1) or remuneration under subsection (2); but in each estate administered by him as official administrator he shall certify an amount equivalent to the commission and remuneration to which he would otherwise be entitled under subsections (1) and (2), and that amount shall then be paid from the money at the credit of the estate into the consolidated revenue fund for the use of Her Majesty.
Historical Note(s): RS1960-3-64; 1985-15-25, effective March 2, 1987 (B.C. Reg. 248/86); 1989-26-14.
62. The Lieutenant Governor in Council may make regulations for carrying out this Part.
Historical Note(s): RS1960-3-65.
Part 3 — Proof of Wills in Solemn Form
63. A will, proved in solemn form in contested proceedings before the court, is conclusive evidence of its validity and contents, other than in proceedings on appeal from, or to revoke, the grant of administration.
Historical Note(s): 1976-33-7.
Part 4 — Powers, Duties and Liabilities of Executors and Administrators
64. Where a testator by his will devises land to executors named in it on trust for sale, and any of the executors renounce probate of the will and the remaining executors prove and obtain probate of the will, all bargains, sales, grants and conveyances of the land made and executed by the executor or executors obtaining probate of the will are as effectual as if every executor named in the will had joined in it and had executed the same.
Historical Note(s): RS1960-3-69.
65. An executor and administrator has the same powers to prosecute and defend an action in the nature of the common law action or writ of account as his testator or the deceased intestate would have if living.
Historical Note(s): RS1960-3-70.
66. (1) This section does not apply in respect to an action of libel or slander, nor does it apply in respect of loss or damage occurring before March 29, 1934.
(2) The executor or administrator of a deceased person may continue or bring and maintain an action for all loss or damage to the person or property of the deceased in the same manner and with the same rights and remedies as the deceased would, if living, be entitled to, including an action in the circumstances referred to in subsection (4), except that recovery in the action shall not extend
(a) to damages in respect of physical disfigurement or pain or suffering caused to the deceased;
(b) if death results from the injuries, to damages for the death, or for the loss of expectation of life, unless the death occurred before February 12, 1942; or
(c) to damages in respect of expectancy of earnings subsequent to the death of the deceased which might have been sustained if the deceased had not died;
and the damages recovered in the action form part of the personal estate of the deceased; but nothing in this section shall be in derogation of any rights conferred by the Family Compensation Act.
(3) Where an action is maintained under subsection (2), in addition to the remedies that the deceased would, if living, be entitled to, the executor or administrator may be awarded damages in respect of reasonable expenses of the funeral and the disposal of the remains of the deceased person.
(4) Where a person alleges that he has suffered loss or damage by the fault of another and the person alleged to be at fault dies, the person wronged
(a) may continue against the executor or administrator of the deceased any action on that account pending against the deceased at the time of his death; or
(b) may, within the time otherwise limited for the action, bring an action for the loss or damage, naming as defendant in it the
(i) executor or administrator of the estate of the deceased; or,
(ii) deceased, in which event the action is valid notwithstanding that the defendant is dead at the time the action is brought,
and damages or costs, or both, recovered in the action are payable out of the estate of the deceased person at fault.
(5) Where an action has been commenced under subsection (4) (b) (ii),
(a) if probate or letters of administration of the estate of the person alleged to be at fault have been granted, the writ or plaint may be validly served on the executor or administrator; and on proof of service being filed with the registrar of the court in the registry office in which the action was commenced, the registrar shall amend the style of cause in the action to substitute the executor or administrator served as the defendant in the place of the named defendant, and the action shall continue against the executor or administrator;
(b) on the production of a certificate that no notice has been received that probate or letters of administration have been issued in the Province in respect of the estate of the deceased person alleged to be at fault within 90 days after his death, a court of competent jurisdiction may, on the application of the plaintiff or his executor or administrator, appoint a representative ad litem to represent the estate of the deceased for all purposes of the action and to act as defendant, and in that event the writ or plaint shall be served on the representative ad litem;
and in paragraph (b) a "certificate" means a certificate issued by the district registrar of the Supreme Court at Victoria and dated not more than 30 days prior to the date on which the court hears the application to appoint a representative ad litem.
(6) (a) A representative ad litem appointed under this section, on being served with the order appointing him and the writ or plaint, shall file a notice with the district registrar of the Supreme Court at Victoria that he has been appointed as representative ad litem. In the event that an executor or administrator is appointed in the Province in respect of the estate of the deceased person alleged to be at fault, the district registrar of the Supreme Court at Victoria shall immediately notify the representative ad litem of the appointment of the executor or administrator.
(b) On receipt of notice under paragraph (a), the representative ad litem shall file it with the registrar of the court in which the action was commenced, and the registrar shall amend the style of cause in the action to substitute the executor or administrator as the defendant in the place of the representative ad litem and shall notify the plaintiff and the executor or administrator appointed, and the appointment of the representative ad litem is then terminated and the executor or administrator appointed shall have sole conduct of the defence of the action.
(7) All proceedings had or taken against the representative ad litem appointed under this section shall bind the estate of the deceased notwithstanding that prior or subsequent appointment of an executor or administrator of the estate of the deceased person, and all proceedings had or taken in accordance with this section shall bind the estate of the deceased person.
(8) Where at the time of the loss or damage in respect of which an action is continued or brought by virtue of subsection (4) the person who committed the wrong was insured against liability for loss or damage in respect of it by a motor vehicle liability policy within the meaning of the Insurance Act, and where the person wronged or his executor or administrator recovers a judgment in the action, then, notwithstanding the terms of the policy or the provisions of any law or statute to the contrary, the liability of the insurer under the policy extends to it, and the person or the executor or administrator by whom the judgment is recovered has the same rights and remedies as against the insurer and in respect of the insurance money payable under the policy as the person wronged would have if both he and the insured person who committed the wrong were alive and the action had been brought or continued against the insured; but the estate of the insured is liable to pay or reimburse the insurer, on demand, any amount paid by the insurer by reason of this subsection which the insurer would not otherwise be liable to pay.
(9) This section is subject to section 10 of the Workers Compensation Act, and nothing in this section shall prejudice or affect a right of action under section 103 of that Act or the Family Compensation Act.
Historical Note(s): RS1960-3-71; 1966-1-9; 1968-3-3; 1969-35-2; 1980-1-7, proclaimed effective October 15, 1982; 1981-4-1, proclaimed effective January 1, 1982.
[Editorial Note(s): re section 66: see also draft uniform Survival of Actions Act to be found as stated in the Users Guide to Statutes in the beginning of the printed volume.]
67. An executor or administrator of a lessor or landlord may distrain on the land demised for a term, or at will, for arrears of rent due to the lessor or landlord when living.
Historical Note(s): RS1960-3-72.
68. The arrears may be distrained for after the determination of the term or lease at will, in the same manner as if the term or lease had not been determined; but the distress shall be made within 6 calendar months after the determination of the term or lease, and during the continuance of the possession of the tenant from whom the arrears are due. All the provisions in the statutes relating to distress for rent are applicable to the distress made.
Historical Note(s): RS1960-3-73.
69. An executor and every administrator with the will annexed of a testator is entitled to bring and maintain an action and recover damages and costs for a trespass done to the estate, goods, credits or effects of the testator during his lifetime, in the same manner as the testator could, if living, have brought and maintained the action.
Historical Note(s): RS1960-3-74.
70. An executor of an executor has all the powers, rights, rights of action and liabilities of his immediate testator in regard to the estates and effects of the first testator.
Historical Note(s): RS1960-3-75.
71. An executor may pay or allow any debt or claim on any evidence that he thinks sufficient, and accept a composition, or a security, real or personal, for a debt due to the deceased, and allow any time for payment of the debt as he thinks fit, and may also compromise, compound or submit to arbitration all debts, accounts, claims and things relating to the estate of the deceased. For any of these purposes an executor may enter into, give and execute agreements, instruments of composition, releases and other things he thinks expedient, without being responsible for a loss to be occasioned by them.
Historical Note(s): RS1960-3-77.
72. (1) Where the executor or administrator gives notice in writing referring to this section, and of his intention to avail himself of it, to a creditor or person of whose claim against the estate he has notice, or to the attorney or agent of the creditor or person, that he, the executor or administrator, rejects or disputes the claim, the claimant shall commence his action in respect of the claim within 6 months after the notice is given where the debt or a part of it is due at the time of the notice, or within 6 months of the time the debt or a part of it falls due if no part of it is due at the time of the notice, and in default of the commencement of the action within the time the claim is forever barred.
(2) Subsection (1) shall not be construed to bar a claim by a beneficiary of the estate with respect to a claim by him against the estate in his capacity as a beneficiary.
Historical Note(s): RS1960-3-78; 1976-2-1.
73. Where by a will which comes into operation after March 21, 1881 the testator has charged his real estate or a specific portion of it with the payment of his debts, or with the payment of a legacy or other specific sum of money, and has devised the estate so charged to a trustee or trustees for the whole of his estate or interest in it, and has not made an express provision for the raising of the debt, legacy or sum of money out of the estate, the devisee in trust may, notwithstanding a trust actually declared by the testator, raise the debts, legacy or money by a sale and absolute disposition by public auction or private contract of those hereditaments or part of them, or by a mortgage of them, or partly in one mode and partly in the other, and a deed of mortgage so executed may reserve a rate of interest and fix a period of repayment as the person executing it thinks proper.
Historical Note(s): RS1960-3-79.
74. The power conferred by section 73 extends to all persons in whom the estate devised is for the time being vested by survivorship, descent or devise, or to any person who may be appointed under a power in the will, or by a court having jurisdiction, to succeed to the trusteeship vested in the devisee in trust as stated above.
Historical Note(s): RS1960-3-80.
75. If a testator who has created a charge described in section 73 has not devised the hereditaments charged as stated above on terms that his whole estate and interest in it shall become vested in a trustee, the executor for the time being named in the will, if any, has the same power of raising the money as is vested in the devisee in trust of those hereditaments, and the power devolves to and becomes vested in the person, if any, in whom the executorship is for the time being vested.
Historical Note(s): RS1960-3-81.
76. (1) In the event of a sale or mortgage under sections 73, 74 and 75, the sale or mortgage operates only on the estate and interest, whether legal or equitable, of the testator, and does not render it unnecessary to get in outstanding subsisting legal estate.
(2) Sections 73, 74 and 75 do not in any way prejudice or affect a sale or mortgage made under a will coming into operation before March 25, 1881, but the validity of the sale or mortgage shall be ascertained and determined in all respects as if this Act had not passed. Those sections do not extend to a devise to a person in fee or in tail or for the testator's whole estate and interest charged with debts or legacies, nor do they affect the power of the devisee to sell or mortgage as he may by law now do.
Historical Note(s): RS1960-3-82.
77. Purchasers or mortgagees are not bound to inquire whether the powers conferred by sections 73, 74 and 75, or any of them, have been duly and correctly exercised by the person acting in virtue of them.
Historical Note(s): RS1960-3-83.
78. An executor or administrator of a person, who as executor or administrator of his own wrong has converted to his own use the personal estate of a testator or deceased intestate, is liable to account for, replace, dispose of and distribute, according to law, the personal estate so converted, so far as the estate of the executor or administrator of his own wrong extends to it, and comes into the hands or control of the executor or administrator.
Historical Note(s): RS1960-3-84.
79. The executor or administrator of a person who, as executor under a will or as administrator of an intestate, has wasted or converted to his own use a part of the estate of his testator or of the intestate, is liable and chargeable in the same manner as the person should or might have been if living.
Historical Note(s): RS1960-3-85.
80. An action of debt on simple contract may be brought against an executor or administrator.
Historical Note(s): RS1960-3-86.
81. Actions in the nature of the common law action of account may be brought and maintained against the executor or administrator of a guardian, bailiff or receiver, and also by one joint tenant or tenant in common, his executor or administrator, against the other as bailiff for receiving more than comes to his just share or proportion, and against the executor or administrator of the joint tenant or tenant in common. The registrar or other person appointed by the court to inquire into the account may administer an oath and examine the parties touching the matters in question, and the registrar or other person is entitled, for taking the account, to receive the allowance that the court orders from the party that the court may direct.
Historical Note(s): RS1960-3-87.
82. Where an executor or administrator liable as such to the rents, covenants or agreements contained in a lease or agreement for a lease granted or assigned to the testator or intestate whose estate is being administered has satisfied all the liabilities under the lease or agreement for a lease as have accrued due and been claimed up to the time of the assignment mentioned in this section, and has set apart a sufficient fund to answer a future claim that may be made in respect of a fixed or ascertained sum covenanted or agreed by the lessee to be laid out on the property demised or agreed to be demised, although the period for laying out the same may not have arrived, and has assigned the lease or agreement for a lease to a purchaser of it, he is at liberty to distribute the residuary personal estate of the deceased to and among the parties entitled to it respectively, without appropriating any part or any further part, as the case may be, of the personal estate of the deceased to meet any future liability under the lease or agreement for a lease. The executor or administrator distributing the residuary estate is not, after having assigned the lease or agreement for a lease and having, where necessary, set apart a sufficient fund, personally liable in respect of a subsequent claim under the lease or agreement for a lease; but nothing in this section shall prejudice the right of the lessor or those claiming under him to follow the assets of the deceased into the hands of the person to whom the assets may have been distributed.
Historical Note(s): RS1960-3-88.
83. A person who obtains, receives and has goods or debts of a person dying intestate, or a release or discharge of any debt or duty that belonged to the intestate by wrongfully or fraudulently procuring the grant of administration to a person of mean estate or person not of kin to the intestate, or without valuable consideration amounting to or close to the value of those goods or debts, except where it is in or towards satisfaction of a just and principal debt of the value of the goods or debts owing to him by the intestate at the time of his decease, is chargeable as executor of his own wrong; and so far only as all those goods and debts coming to his hands, or of which is released or discharged by an administrator to whom the grant is wrongfully or fraudulently procured as stated above will satisfy, deducting nevertheless for himself, allowance of all just debts due and principal debts on good consideration without fraud owing to him by the intestate at the time of his decease, and of all other payments made by him, which lawful executors or administrators may and ought by law to have and pay.
Historical Note(s): RS1960-3-89.
84. No distribution of the surplus of the personal estate of an intestate shall be made until one year has elapsed since the death of the intestate except where
(a) at any time after the death of an intestate it is shown to the satisfaction of the court that the intestate has left a person who was wholly or in part dependent on him at the time of his death, and that the dependant is entitled to share in the distribution of the surplus of the intestate's estate, the court may make an order directing that the whole or a part of the prospective share of the dependant in the surplus of the personal estate may be promptly paid out to the dependant on the terms and conditions as to the court seem proper;
(b) the estate of an intestate is being administered by the Public Trustee and he is satisfied that part or the whole of the estate can be distributed without prejudicially affecting the rights of the creditors, he may, at any time at his discretion, make a distribution of the whole or part of the prospective share of a person entitled to share in the distribution.
Historical Note(s): RS1960-3-90; 1968-3-4.
84.1 (1) Where a minor is entitled to a share of the assets of an estate consisting of money, the executor or administrator shall, on the distribution of the assets, pay the minor's share into court to the credit of the minor.
(2) Subsection (1) does not apply where the will, if any, of the deceased provides otherwise.
Historical Note(s): 1989-64-2.
85. In this Part and Parts 10 and 11
"common law spouse" means either a person who is united to another person by a marriage that, although not a legal marriage, is valid by common law, or a person who has lived and cohabited with another person as a spouse and has been maintained by that other person for a period of not less than 2 years immediately preceding his death.
Historical Note(s): 1972-3-2; 1979-2-2; 1985-68-28, effective April 17, 1985 (B.C. Reg. 392/85).
[Editorial Note(s): re section 85: see also draft uniform Child Status Act to be found as stated in the Users Guide to Statutes in the beginning of the printed volume.]
86. Where an intestate leaves surviving him in the Province a common law spouse, the court may order that there be retained, allotted and applied for the support, maintenance and benefit of the common law spouse so much of the net real or personal estate, or both, of the intestate as the court sees fit, to be payable in the manner the court directs.
Historical Note(s): 1972-3-2; 1985-68-29, effective April 17, 1985 (B.C. Reg. 392/85).
[Editorial Note(s): re section 86: see also draft uniform Child Status Act to be found as stated in the Users Guide to Statutes in the beginning of the printed volume.]
87. An application under this Part may be made by motion by the common law spouse or the administrator of the intestate's estate, and on the hearing of the application the court may consider all the evidence that may be relevant in making an order under section 86.
Historical Note(s): 1972-3-2; 1985-68-30, effective April 17, 1985 (B.C. Reg. 392/85).
[Editorial Note(s): re section 87: see also draft uniform Child Status Act to be found as stated in the Users Guide to Statutes in the beginning of the printed volume.]
88. Where the intestate leaves surviving him a widow or widower, or a child, no order shall be made under section 86 until notice of the application has been given to the widow or widower, the child or a person acting as guardian or next friend if the child is a minor, and to the administrator of the estate giving them an opportunity to be heard.
Historical Note(s): 1972-3-2; 1985-68-31, effective April 17, 1985 (B.C. Reg. 392/85).
[Editorial Note(s): re section 88: see also draft uniform Child Status Act to be found as stated in the Users Guide to Statutes in the beginning of the printed volume.]
89. No application to the court under this Part shall be made unless it is commenced not later than 6 months after the date of the issue of letters of administration of the deceased's estate.
Historical Note(s): 1986-16-17, effective October 1, 1986 (B.C. Reg. 170/86).
Part 6 — Devolution of Real Estate
90. (1) Where real estate is vested in a person without a right in any other person to take by survivorship, it shall, on his death, notwithstanding a testamentary disposition, devolve to and become vested in his personal representatives as if it were a chattel real vesting in them.
(2) This section applies to real estate over which a person executes by will a general power of appointment as if it were real estate vested in him.
(3) Probate and letters of administration may be granted in respect of real estate only, although there is no personal estate.
(4) This section applies to all cases of death on or after June 1, 1921 and to the following cases:
(a) where the death occurred prior to June 1, 1921 and administration has not been granted, then subsections (1), (2) and (3) shall apply;
(b) where administration of the personal estate of a person who died prior to June 1, 1921 has been granted, and real estate of the deceased is registered or vested in the deceased without a right in any other person to take by survivorship, or in his predecessor in title, then the real estate shall be deemed to have vested in his personal representative pursuant to subsection (1) or (2), and no further order or grant shall be necessary.
(5) Sections 91 to 93 apply to all real estate vested or to be vested by the operation of this section.
Historical Note(s): RS1960-3-95.
91. (1) Subject to the powers, rights, duties and liabilities mentioned hereinafter in this Part the personal representatives of a deceased person shall hold the real estate as trustee for the persons by law beneficially entitled to it, and those persons 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.
(2) All enactments and rules of law relating to the effect of probate or letters of administration as respects chattels real, dealings with chattels real before probate or administration and the payment of costs of administration and other matters in relation to the administration of personal estate, and the powers, rights, duties and liabilities of personal representatives in respect of personal estate, apply to real estate, so far as they are applicable, as if that real estate were a chattel real vesting in them, except that it is not lawful for some or one only of several joint personal representatives, without the authority of the court, to sell or transfer real estate.
(3) In the administration of the assets of a person dying on or after June 1, 1921, his real estate shall 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; but 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.
(4) Where 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, notwithstanding subsection (2), 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.
Historical Note(s): RS1960-3-96.
92. (1) At any time after the death of the owner of real estate, his personal representatives may, by instrument attested and proved as provided in the Land Title Act, assent to a devise contained in his will, or may convey the real estate to any person entitled to it as heir, devisee or otherwise, and may make the assent or conveyance, either subject to a charge for the payment of any money which the personal representatives are liable to pay, or without the charge. On the assent or conveyance, subject to a charge for all the money, if any, which the personal representatives are liable to pay, all liabilities of the personal representatives in respect of the land cease, except as to acts done or contracts entered into by them before the assent or conveyance.
(2) At any time after the expiration of one year from the death of the owner of any real estate, if his personal representatives have failed on the request of the person entitled to the real estate to convey the real estate to that person, the court may, if it thinks fit, on the application of that person and after notice to the personal representatives, order that the conveyance be made.
(3) The production of an attested and proved assent by the personal representatives of a deceased owner of registered real estate authorizes the Registrar of Titles to register the person named in the assent as owner of the real estate.
Historical Note(s): RS1960-3-97; 1978-25-332.
93. Nothing in this Part affects any duty payable in respect of real estate, or imposes on real estate any other duty than was immediately before June 1, 1921 payable in respect of it.
Historical Note(s): RS1960-3-98.
[Note re Part 7: see also draft uniform Intestate Succession Act to be found as stated in the Users Guide to Statutes in the beginning of the printed volume.]
94. In this Part
"estate" includes both real and personal property;
"issue" includes all lineal descendants of the ancestor.
Historical Note(s): RS1960-3-99; 1985-68-32, effective April 17, 1985 (B.C. Reg. 392/85).
[Editorial Note(s): re section 94: see also draft uniform Child Status Act to be found as stated in the Users Guide to Statutes in the beginning of the printed volume.]
95. (1) This Part, except sections 96, 98 (b) and 107, applies only in cases of death on and after May 1, 1926.
(2) Section 98 (b) applies only in cases of death on or after April 1, 1958.
(3) Section 96 applies only in cases of death on or after April 1, 1955.
(4) Section 96, as amended by the Administration Act Amendment Act, 1963, applies only in cases of death on or after April 1, 1963.
(5) Section 96, as amended by the Administration Act Amendment Act, 1966, applies only to the estates of persons who die on or after April 1, 1966.
(5.1) Section 96 as amended by the Estate Administration Amendment Act, 1983 applies only to the estates of persons who die on or after October 1, 1983.
(6) Section 107 shall for all purposes be deemed to be and to declare the law as in force on and from December 19, 1925, except as to property of an estate set off or assigned as dower to a widow before March 29, 1934.
(7) [Repealed 1985-68-33, effective April 17, 1985 (B.C. Reg. 392/85).]
Historical Note(s): RS1960-3-100; 1963-1-4; 1966-1-10; 1983-4-3, effective October 1, 1983; 1985-68-33, effective April 17, 1985 (B.C. Reg. 392/85).
96. (1) If an intestate dies leaving a spouse and issue, his estate, where the net value of it does not exceed $65 000, shall go to the spouse.
(2) Where the net value exceeds $65 000, the spouse is entitled to $65 000, and has a charge on the estate for that sum.
(3) Of the residue of the estate, after payment of the sum of $65 000, where the intestate dies leaving
(a) a spouse and one child, 1/2 shall go to the spouse;
(b) a spouse and children, 1/3 shall go to the spouse.
(4) If a child has died leaving issue and the issue is alive at the date of the intestate's death, the spouse shall take the same share of the estate as if the child had been living at the date.
(5) In this section "net value" means the value of an estate wherever situated, both within and without the Province, after payment of the charges on it and the debts, funeral expenses, expenses of administration and probate fees.
Historical Note(s): RS1960-3-101; 1963-1-5; 1966-1-11; 1977-20-2; 1983-4-4, effective October 1, 1983.
97. The land in the Province of a person who is not a Canadian citizen and who dies intestate shall be distributed as if he had been a Canadian citizen.
Historical Note(s): RS1960-8-3.
98. If an intestate dies leaving
(a) issue, his estate shall be distributed, subject to the rights of the spouse, if any, per stirpes among the issue;
(b) a spouse but no issue, his estate shall go to his spouse.
Historical Note(s): RS1960-3-102,103.
99. If an intestate dies leaving no spouse or issue, his estate shall go to his father and mother in equal shares if both are living, but if either of them is dead the estate shall go to the survivor.
Historical Note(s): RS1960-3-104.
100. If an intestate dies leaving no spouse, issue, father or mother, his estate shall go to his brothers and sisters in equal shares, and if a brother or sister is dead, the children of the deceased brother or sister shall take the share their parent would have taken if living, but no further representation shall be admitted.
Historical Note(s): RS1960-3-105; 1966-1-12.
101. If an intestate dies leaving no spouse, issue, father, mother, brother or sister, his estate shall go to his nephews and nieces in equal shares, and in no case shall representation be admitted.
Historical Note(s): RS1960-3-106.
102. If an intestate dies leaving no spouse, issue, father, mother, brother, sister, nephew or niece, his estate shall be distributed equally among the next of kin of equal degree of consanguinity to the intestate, and in no case shall representation be admitted.
Historical Note(s): RS1960-3-107.
103. For the purpose of this Part, degrees of kindred shall be computed by counting upward from the intestate to the nearest common ancestor and then downward to the relative. The kindred of the half blood shall inherit equally with those of the whole blood in the same degree.
Historical Note(s): RS1960-3-108.
104. Descendants and relatives of the intestate, conceived before his death but born thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived him.
Historical Note(s): RS1960-3-109.
105. (1) Where any child of a person who has died wholly intestate has been advanced by the intestate by portion, the portion shall be reckoned, for the purposes of this section only, as part of the estate of the intestate distributable according to law. If the advancement is equal to or greater than the share of the estate which the child would be entitled to receive as above reckoned, the child and his descendants shall be excluded from any share in the estate; but if the advancement is not equal to the share, the child and his descendants are entitled to receive so much only of the estate of the intestate as is sufficient to make all the shares of the children in the estate and advancement equal as nearly as can be estimated.
(2) The value of any portion advanced shall be deemed to be that which has been expressed by the intestate or acknowledged by the child in writing, otherwise the value shall be the value of the portion when advanced.
(3) The onus of proving that a child has been maintained or educated, or has been given money, with a view to a portion is on the person so asserting, unless the advancement has been expressed by the intestate, or acknowledged by the child, in writing.
Historical Note(s): RS1960-3-110.
106. All the estate not disposed of by will shall be distributed as if the testator had died intestate and had left no other estate.
Historical Note(s): RS1960-3-111.
107. No widow is entitled to dower out of land of which her deceased husband died wholly or partially intestate, or in land which was absolutely disposed of by her husband in his lifetime or by his will. No husband is entitled to an estate by the curtesy in the land of his deceased wife dying intestate.
Historical Note(s): RS1960-3-112.
108. (1) In this section and section 109
"matrimonial home" means
(a) a parcel of land shown as a separate taxable parcel on a taxation roll for the current year prepared under the Taxation (Rural Area) Act or on a real property tax roll for the current year prepared by the collector of a municipality, and that has as improvements situated on it a building assessed and taxed in the current year as an improvement, in which the deceased and his spouse were ordinarily resident, owned or jointly owned by the deceased, and not leased to another person; or
(b) a share owned or jointly owned by the deceased in a corporation the memorandum of association of which stipulates that a building owned or operated by the corporation shall be owned and operated exclusively for the benefit of shareholders in the corporation who are occupants of the building, where the value of the share is equivalent to the capital value of a suite owned by the corporation, in which suite the deceased and his spouse were ordinarily resident, and which was not leased to any other person;
"household furnishings" means chattels usually associated with the enjoyment by the spouses of the matrimonial home.
(2) Notwithstanding section 107, and in addition to any other provision in this Part, but subject to section 111, in an intestacy,
(a) except where the matrimonial home would otherwise go under this Part to a surviving spouse, the matrimonial home shall devolve to and become vested in those persons by law beneficially entitled to it, and, subject to the liability of the land comprising the matrimonial home for foreclosure or the payments of debts, those persons by law beneficially entitled to it shall hold the matrimonial home in trust for an estate for the life of the surviving spouse, or so long as the surviving spouse wishes to retain the estate for life; and
(b) the household furnishings shall go to the surviving spouse.
(3) This section applies to the estate of a person who dies on or after April 1, 1972.
Historical Note(s): 1972-3-3; 1977-20-2.
109. Where, on application by any person who is, but for section 108, entitled to a share in the distribution of the matrimonial home, it is shown that any land contiguous to the matrimonial home could not reasonably be regarded as contributing to the use and enjoyment of the matrimonial home as a residence, the court may decrease the size of the parcel of land that devolves to and becomes vested in those persons by law beneficially entitled to it under section 108.
Historical Note(s): 1972-3-3.
111. (1) The surviving spouse shall, in an intestacy, take no part of the deceased spouse's estate if the spouses had, immediately preceding the death of one spouse, separated for not less than one year with the intention of living separate and apart, and had not during that period lived together with the intention of resuming cohabitation, unless the court, on application, otherwise orders.
(2) The court may, on the application of the surviving spouse, or of the executor or administrator, or of any person interested in the estate of the deceased spouse, and on evidence the court considers relevant, determine the matter, and the court may in its discretion direct the costs to be paid out of the estate of the deceased spouse.
(3) No application to the court under this section shall 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.
Historical Note(s): 1972-3-4; 1986-16-18, effective October 1, 1986 (B.C. Reg. 170/86).
112. This Part shall be so interpreted and constructed as to effect the general purpose of making uniform the law of those provinces which enact identical or substantially the same provisions.
Historical Note(s): RS1960-3-116.
113. The expression "insolvent estate", where it occurs in this Part and in section 55, means the real and personal estate of a deceased person which is not sufficient for the payment in full of the debts and liabilities of the deceased person, the deceased person being in this Part referred to as the "deceased".
Historical Note(s): RS1960-3-117; 1966-1-13.
114. (1) Subject to the rights of secured creditors, the proceeds realized from an insolvent estate shall be applied by the executor or administrator in priority of payment as follows:
(a) the reasonable funeral and testamentary expenses incurred by the legal personal representative of the deceased;
(b) the costs of administration, in the following order:
(i) the expenses and fees of the legal personal representative,
(ii) legal costs;
(c) wages, salaries, commissions or compensation of any clerk, servant, travelling salesman, labourer or worker for services rendered during 3 months next preceding the death of the deceased to the extent of $500 in each case, together with, in the case of a travelling salesman, disbursements properly incurred by him in and about the deceased's business to the extent of an additional $300 in each case, during the same period; and for the purposes of this paragraph, commissions payable when goods are shipped, delivered or paid for, if shipped, delivered or paid for within the 3 months, shall be deemed to have been earned in those months;
(d) municipal taxes assessed or levied against the deceased not exceeding the value of the interest of the deceased in the property in respect of which the taxes were imposed as declared by the legal personal representative;
(e) the landlord for arrears of rent for a period of 3 months next preceding, provided that the total amount so payable shall not exceed the realization from the property on the premises under lease;
(f) all indebtedness of the deceased under any Workers Compensation Act, under any Unemployment Insurance Act, under any Income Tax Act, or under a provision of the Income War Tax Act creating an obligation to pay to Her Majesty amounts that have been deducted or withheld, rateably and without preference;
(g) claims resulting from injuries to employees of the deceased to which the provisions of any Workers Compensation Act do not apply, but only to the extent of money received from persons or companies guaranteeing the deceased against damages resulting from the injuries;
(h) claims of the Crown not previously mentioned in this section, in right of Canada or of any province, rateably and without preference notwithstanding a statutory preference to the contrary;
(i) all other claims accepted by the legal personal representative of the deceased shall be paid rateably and without preference.
(2) Subject to retention of sums necessary for the costs of administration or otherwise, payment in accordance with subsection (1) shall be made as soon as funds are available for the purpose.
(3) A creditor whose rights are restricted by this section is entitled to rank as an unsecured creditor for any balance of claim due him.
Historical Note(s): RS1960-3-118; 1966-1-14.
115. In the administration of an insolvent estate, all debts due and payable by the deceased at the time of his death, and all debts due but not then actually payable, subject to rebate of interest, have the right to rank on the insolvent estate. A person then being, as surety or otherwise, liable for a debt of the deceased, and who subsequently pays the debt, shall stand in the place of the original creditor if the creditor has proved his claim on the debt, or, if he has not proved, the person is entitled to prove against the rank on the insolvent estate for the debt to the same extent and with the same effect as the original creditor might have done.
Historical Note(s): RS1960-3-123.
116. (1) If a creditor of the deceased claims on a contract dependent on a condition or contingency which does not happen previous to the declaration of the first dividend or distribution of or out of the insolvent estate, a dividend shall be reserved on the amount of the conditional or contingent claim, until the condition or contingency is determined; but if it appears to the court by which the administration of the insolvent estate is decreed or ordered that the administration may then be kept open for an undue length of time, the court may direct that the value of the contingent or conditional claim be ascertained before a special referee or arbitrator, to be appointed by the court, and the referee or arbitrator has and is invested with, for the purposes of his appointment, all the rights, powers and authorities given under the Commercial Arbitration Act, and shall make his award, which award the court, after hearing all interested parties, may reject or confirm.
(2) Where the award is rejected, another special referee or arbitrator shall be appointed, as provided in subsection (1), to establish the value of the claims, subject to the control of the court, and shall make his award. If his award is confirmed, the amount mentioned in it shall be that for which the creditor shall rank on the insolvent estate as for a debt payable absolutely.
Historical Note(s): RS1960-3-124; 1986-3-53, effective July 4, 1986 (B.C. Reg. 148/86).
117. In the preparation of a dividend sheet or distribution of or out of an insolvent estate, regard shall be had to the rank and privilege of every creditor, which rank and privilege, on whatever they may be legally founded, shall not be disturbed by this Act; but no dividend shall be allotted or paid to a creditor holding security from the insolvent estate or the deceased for his claim, until the amount for which he shall rank as a creditor on the insolvent estate as to dividends from it is established as later provided in this Act. The last mentioned amount is the amount which he shall be held to represent in computing the proportion of creditors when the proportion is required to be ascertained.
Historical Note(s): RS1960-3-125.
118. No lien or privilege on an insolvent estate, or any part or portion of it, shall be created for the amount of a judgment debt, or of the interest on it, by the issue or delivery to any sheriff or other officer lawfully entrusted with it in the lifetime of the deceased, of any writ or process of execution of any kind or nature, the due execution of which has been preceded by the death of the deceased; but this provision does not affect any lien or privilege for costs.
Historical Note(s): RS1960-3-126.
119. (1) If a creditor holds security for the amount of his debt or claim, or a part of it, from the insolvent estate, or the deceased whose estate it is, of any kind or nature, he shall specify the nature and amount of the security in his claim, and in the claim shall on his oath put a specified value on it.
(2) Notwithstanding Part 5 of the Personal Property Security Act, the court in which the administration of the insolvent estate has been decreed or ordered may, after hearing all parties, either authorize the retention of the property or effects constituting the security, or on which it attaches, by the creditor at the specified value, or may require and decree from the creditor an assignment and delivery of the security, property or effects at an advance of 10% on the specified value, to be paid out of the insolvent estate as soon as the security can with ordinary diligence be realized on.
(3) In either of the cases the difference between the value at which the security is retained or assumed and the amount of the claim of the creditor is the amount for which he shall rank, and which he shall be held to represent as stated above.
(4) Where the creditor holds a claim based on negotiable instruments on which the deceased was, and the insolvent estate is only indirectly or secondarily liable, and which is not mature or exigible, the creditor shall be considered to hold security under this section, and shall put a value on the liability of the party primarily liable as being his security for payment; but if the claim is mature or exigible at the date of the death of the deceased, and remains unpaid after that date, whether before or after proof, the creditor is entitled for ranking to treat the claim as unsecured. For all other purposes except ranking he shall still be considered to hold security within the meaning of this section, and shall, for all those purposes, put a value on the liability of the party primarily liable as being his security for payment.
(5) Where the deceased was liable as a member of a firm or partnership and the creditor holds security from another member or members of the firm or partnership as security for his debt or claim, he shall be considered as holding security within the meaning of this section.
Historical Note(s): RS1960-3-127; 1990-11-58.
120. Where the security consists of a mortgage on real estate, or on ships or shipping, the property mortgaged shall only be assured, assigned and delivered to the creditor subject to all previous mortgages and liens on it holding rank and priority before his claim, on his assuming and binding himself to pay all the previous mortgages and liens and on his securing the previous charges on the property mortgaged, in the same manner and to the same extent as they were previously secured on it. After that the holders of the previous mortgages and liens have no further recourse or claim on the insolvent estate. Where there are mortgages or liens on the property subsequent to those of the creditor, he shall only obtain the property by consent of the subsequently secured creditors, or on their filing their claims specifying their security as of no value, or on the creditor paying them the value placed by them on their security, or on his giving security to the satisfaction of the court ordering or decreeing the administration that the insolvent estate shall not be troubled by reason of those claims.
Historical Note(s): RS1960-3-128.
121. Where the deceased whose estate is insolvent owes debts both individually and as a member of a partnership or as a member of 2 or more different partnerships, the claims against him rank first on the estate by which the debts they represent were contracted, and only rank on the other estate or estates after all the creditors of the other estate or estates have been paid in full.
Historical Note(s): RS1960-3-129.
Part 10 — Procedure and Evidence
133. A caveat against the granting of probate or administration may be filed in any registry of the court, and the registrar in whose registry a caveat has been filed shall promptly notify the registrar of the Supreme Court at Victoria, who shall promptly notify all other registrars in the Province.
Historical Note(s): 1976-33-9.
134. All proceedings in court in respect of a matter dealt with by this Act shall be governed by the Rules of Court and the practice of the court in respect of pleading, amendment, evidence, discovery, trial, appeals and procedure generally, except where otherwise provided by the rules or by this Act.
Historical Note(s): 1981-4-2, proclaimed effective January 1, 1982.
134.1 (1) An applicant for a grant of or to reseal probate or letters of administration shall, at the time of the application to the court,
(a) declare that he has made a diligent search and inquiry to ascertain the assets and liabilities of the deceased, and
(b) disclose the assets and liabilities of the deceased, irrespective of their nature, location or value, which pass to the deceased's personal representative on his death.
(2) The applicant or personal representative shall, where he learns of an asset or liability of the deceased which was not disclosed or properly disclosed under subsection (1), disclose forthwith to the court that further or supplementary information.
(3) The content and form of the declaration and disclosure document under this section shall be as required in the rules of court.
Historical Note(s): 1981-4-3, proclaimed effective January 1, 1982.
135. (1) No court shall grant or reseal probate or letters of administration unless the applicant or his solicitor certifies that he has first
(a) mailed or delivered a notice to each person other than the applicant who, to the best of his knowledge, is either
(i) a beneficiary under the will,
(ii) entitled on an intestacy or partial intestacy;
(iii) entitled to apply under the Wills Variation Act with respect to the will;
(iv) a common law spouse; or
(v) a surviving spouse who has been separated from a deceased spouse for not less than one year immediately before the death of the deceased; and
(b) where there is a will, attached to the notice a copy of it.
(2) For the purpose of determining the persons to whom a notice must be mailed or delivered under subsection (1) (a) (ii), the net value of the estate shall be deemed to exceed the amount referred to in section 96.
(3) Where a person referred to in subsection (1) (a) is dead or his whereabouts is unknown, the registrar of the court may, on a summary application, make an order dispensing in whole or in part with the requirements of subsection (1), or make another order he considers advisable.
(4) Where a person referred to in subsection (1) (a) is or may be a minor, the notice under subsection (1) must be mailed or delivered to
(a) his parent or guardian where there is one, unless the parent or guardian is the applicant; and
(b) the Public Trustee.
(5) Where a person referred to in subsection (1) (a) is or may be a mentally disordered person or has a committee, the notice under subsection (1) must be mailed or delivered to
(a) his committee where there is one, unless the committee is the applicant; and
(b) the Public Trustee.
(6) The notice shall state the name, address, occupation and date of death of the deceased, the name and address of the applicant and the court to which application is to be made. The notice may be in the following form, with the necessary changes:
In the Estate of A.B., of the City of Victoria,
in the Province of British Columbia, labourer,
who died on the first day of April, 1972.
Take notice that the undersigned is applying for probate [or letters of administration] of the above estate in the Supreme Court of British Columbia at ____________________, British Columbia.
C.D.
____________________
Applicant,
1234 Blank Street,
Victoria, British Columbia.
Address of Registrar:
Victoria, British Columbia.
(7) A notice mailed or delivered to the Public Trustee under this section shall contain a list of the names and last known addresses of the beneficiaries or persons entitled and shall be accompanied by copies of all documents filed with the court in respect of the application for the grant or resealing.
(8) This section does not apply to an application by a creditor under section 10 or by the Public Trustee.
Historical Note(s): 1972-3-5; 1975-1-3; 1976-2-1; 1979-2-3; 1985-68-35, effective April 17, 1985 (B.C. Reg. 392/85); 1986-16-19, effective October 1, 1986 (B.C. Reg. 170/86).
[Editorial Note(s): re section 135: see also draft uniform Child Status Act to be found as stated in the Users Guide to Statutes in the beginning of the printed volume.]
136. The court may, on an originating or interlocutory application or by citation, order a person to produce and bring into a registry any writing of a testamentary character which may be shown to be in the person's control or possession. If it is not shown that any such writing is in the person's possession or control, that there are reasonable grounds for believing that he has a knowledge of such writing, the court may direct the person to attend for the purpose of being examined in open court, in chambers, before an examiner or on interrogatories respecting it, and the person is bound to answer all lawful questions or interrogatories, and if so ordered, to produce the writing. The person is subject to the same process of contempt in case of default in not attending the court, in chambers, before the examiner, in not answering the questions or interrogatories or not bringing in the writing as he would have been subject to if he had been a party to an action and had made such default.
Historical Note(s): RS1960-3-145; 1976-33-11.
137. The registrar of any court may, whether or not a proceeding is pending in the court, issue a subpoena requiring a person to produce and bring into his registry, or other place the subpoena may direct, any will or other document or asset relating or belonging to an estate which is shown to be in the possession or under the control of the person. The person, on being served with the subpoena, shall bring in the will, document or asset and in default is in contempt of court.
Historical Note(s): 1976-33-12.
138. (1) The district registrar of the court where the application is filed shall forward to the district registrar of the Supreme Court at Victoria particulars required by him of every probate or letters of administration granted or resealed by the court.
(2) All original wills, wherever proved in the Province, shall be forwarded by the registrar of the court where proved, to and deposited with the registrar of the Supreme Court at Victoria for safe custody, after an examined copy of it has been first deposited and filed in the office or registry where proved.
Historical Note(s): RS1960-3-147; 1981-4-4, proclaimed effective January 1, 1982.
139. (1) In an action where, according to law, it would be necessary to produce and prove an original will in order to establish a testamentary disposition affecting real estate, the party intending to prove the testamentary disposition may give to the opposite party, at least 10 days before the trial or other proceeding in which the proof shall be intended to be given, notice that he intends to give in evidence as proof of the testamentary disposition the probate of the will or the letters of administration with the will annexed, or an office copy of it or them certified by the registrar of the court.
(2) In all cases the probate or letters of administration, or office copy, respectively, shall be sufficient evidence of the will and of its validity and contents, notwithstanding that it may not have been proven in solemn form or have been otherwise declared valid in a contentious action or matter, unless the party receiving the notice, within 4 days after the receipt, gives notice that he disputes the validity of the testamentary disposition.
Historical Note(s): RS1960-3-148.
140. Where in such action the original will is produced and proved, the costs incidental to the action shall be in the discretion of the court.
Historical Note(s): RS1960-3-149.
141. An office copy of the whole or part of a will, or a certificate of the grant of any letters of administration, may be obtained from the registry where the will has been proved or the registry to which the will may have been transmitted, or the administration granted, on the payment of the fees fixed by Rules of Court.
Historical Note(s): RS1960-3-150.
141.1 (1) Where a safety deposit box was leased or held in the name of a deceased person, solely or jointly with another person, a person in control of the premises where the box is situated shall not permit the removal of the box or its contents from the premises until a representative of the deceased or a person in whose name the safety deposit box was jointly leased or held with the deceased, in the presence of the person in control of the premises or his agent, prepares an inventory, dated and signed by the persons present, of the contents of the box and leaves a copy of the inventory in the box and with the person in control of the premises.
(2) The person in control of the premises or his agent shall send a copy of the inventory to the district registrar of the Supreme Court at Victoria as soon as a copy is left with him under subsection (1).
(3) The original will of the deceased, and any copies of it, may be removed from the safety deposit box by a representative of the deceased after an inventory is prepared under subsection (1).
(4) Subject to subsection (5), the copies of the inventory left
(a) in the safety deposit box, and
(b) with the person in control of the premises where the safety deposit box is leased or rented;
shall be kept in it and by him for one year.
(5) The copy of the inventory left in the safety deposit box may be removed when, during the one year period referred to in subsection (4), the lease or rental of the safety deposit box held in the name of
(a) the deceased or his personal representative, or
(b) the deceased or his personal representative jointly with another person;
is terminated.
Historical Note(s): 1981-4-5, proclaimed effective January 1, 1982.
142. The Lieutenant Governor in Council may by order, make, amend or annul Rules of Court for the purpose of carrying out this Act, and for prescribing fees to be payable to the Crown in respect of all matters connected with it.
Historical Note(s): RS1960-3-151.
Part 11 — Deceased Worker's Wages
143. In this Part "worker" means a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, in an industry within the scope of Part 1 of the Workers Compensation Act, whether by way of manual labour or otherwise.
Historical Note(s): 1972-3-6.
144. The wages earned by a worker during the period of 3 months before, and owing or accrued to him at, the time of his death are, subject to this Part, payable to the widow or widower, if any, of the deceased worker, free from debts of the deceased.
Historical Note(s): 1972-3-6.
145. The wages of a deceased worker which are by this Part made payable to the widow or widower are not subject to the provisions of the laws relating to the administration of the estates of deceased persons dying intestate, nor, in case of the testacy of the deceased, to obtaining probate or to the provisions of his will.
Historical Note(s): 1972-3-6.
146. The widow or widower is entitled to those wages referred to in section 144 on production of an affidavit, sworn before a person authorized under the Evidence Act to administer an oath, setting forth that the person claiming to be the widow or widower of the deceased worker is in fact his widow or widower.
Historical Note(s): 1972-3-6.
147. Except as provided in section 145, sections 85 to 89 apply to this Part, and for this purpose "widow or widower" in this Part includes a common law spouse, but, where application is made by a common law spouse, the affidavit required under section 146 shall set forth the person claiming is the common law spouse of the deceased and that there is no widow or widower.
Historical Note(s): 1972-3-6.
148. An employer who, in good faith and relying on an affidavit made under section 146, pays the wages of a deceased worker to a person purporting to be his widow, widower or his common law spouse is discharged from liability toward the deceased worker or his estate to the extent of that payment.
Historical Note(s): 1972-3-6.
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