Section 1 (1) definition of "nominee" BEFORE amended by 2014-9-50(a), effective April 9, 2014 (Royal Assent).
"nominee" includes
(a) a committee acting under the Patients Property Act, granted power over financial affairs
(b) an attorney acting under an enduring power of attorney as described in section 8 [enduring power of attorney] of the Power of Attorney Act,
(c) a representative acting under a representation agreement made under
(i) section 7 (1) (b) [standard provisions] of the Representation Agreement Act, or
(ii) section 9 (1) (g) [other provisions] of the Representation Agreement Act, and
(d) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development;
Section 1 (1) definition of "representation grant" paragraph (d) BEFORE amended by 2014-9-50(b), effective April 9, 2014 (Royal Assent).
Section 1 (1) definition of "chief executive officer" BEFORE replaced by "registrar general" by 2014-14-142, effective May 29, 2014 (Royal Assent).
"chief executive officer" means the chief executive officer under the Vital Statistics Act;
Section 1 (1) definitions of "Nisg̱a'a citizen", "Nisg̱a'a Final Agreement", "Nisg̱a'a Lands", "Nisg̱a'a law", "Nisg̱a'a Lisims Government" and "Nisg̱a'a Village Government" BEFORE repealed by 2014-32-63, effective November 27, 2014 (Royal Assent).
"Nisg̱a'a citizen" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Final Agreement" has the same meaning as in the Nisg̱a'a Final Agreement Act;
"Nisg̱a'a Lands" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a law" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Lisims Government" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Village Government" has the same meaning as in the Nisg̱a'a Final Agreement;
Section 1 (1) definition of "benefit plan" (f) was added by 2014-17-28, effective May 4, 2016 (BC Reg 101/2016).
Section 1 definition of "spousal home", paragraph (a) (ii) BEFORE amended by 2023-10-1176, effective March 30, 2023 (Royal Assent).
(ii) has as improvements situated on it a building assessed and taxed in the current year as an improvement, in which the deceased person and his or her spouse were ordinarily resident,
Section 1 definition of "spousal home", paragraphs (b), (c) and (d) (part) BEFORE amended by 2023-10-1176, effective March 30, 2023 (Royal Assent).
(b) a share owned or owned in common by the deceased person in a corporation whose charter, as defined in section 1 (1) of the Business Corporations Act, provides that a building owned or operated by the corporation must be owned and operated exclusively for the benefit of shareholders in the corporation who are occupants of the building, if the value of the share is equivalent to the capital value of a suite owned by the corporation, in which suite the deceased person and his or her spouse were ordinarily resident and which was not leased to any other person,
(c) a manufactured home, as defined in the Manufactured Home Act, situated on land not owned by the owner of the manufactured home and in which the deceased person and his or her spouse were ordinarily resident, or
(d) a parcel of land on Nisg̱a'a Lands or treaty lands that has as improvements situated on it a building in which the deceased person and his or her spouse were ordinarily resident,
Section 1 (1) definition of "taxing treaty first nation" BEFORE repealed by 2024-13-269, effective April 25, 2024 (Royal Assent).
"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act;
Section 2 (2) BEFORE amended by 2014-9-51, effective April 9, 2014 (Royal Assent).
(2) Two persons cease being spouses of each other for the purposes of this Act if,
(a) in the case of a marriage,
(i) they live separate and apart for at least 2 years with one or both of them having the intention, formed before or during that time, to live separate and apart permanently, or
(ii) an event occurs that causes an interest in family property, within the meaning of the Family Law Act, to arise, or
(b) in the case of a marriage-like relationship, one or both persons terminate the relationship.
Section 3 (2) (a) BEFORE amended by 2023-10-1177, effective March 30, 2023 (Royal Assent).
(a) the child is not entitled to the estate of his or her pre-adoption parent except through the will of the pre-adoption parent, and
Section 15 (2) and (4) BEFORE amended by 2023-10-1178, effective March 30, 2023 (Royal Assent).
(2) The court must not grant or reseal probate or administration in respect of the estate of a Nisg̱a'a citizen unless the applicant or the applicant's lawyer, in addition to satisfying the requirements under subsection (1), certifies that he or she has
(a) mailed or delivered a notice of the application to the Nisg̱a'a Lisims Government, and
(b) if the deceased Nisg̱a'a citizen left a will and the Nisg̱a'a Lisims Government requested a copy of it within 30 days of receiving the notice under subsection (1) (a), mailed or delivered a copy of the will to the Nisg̱a'a Lisims Government.
(4) If a treaty first nation has standing under section 14 (3) in a judicial proceeding, the court must not grant or reseal probate or administration in respect of the estate of a treaty first nation member of the treaty first nation unless the applicant or the applicant's lawyer, in addition to satisfying the requirements under subsection (3) of this section, certifies that he or she has
(a) mailed or delivered a notice of the application to the treaty first nation, and
(b) if the deceased treaty first nation member left a will and the treaty first nation requested a copy of it within 30 days of receiving the notice under subsection (3) (a), mailed or delivered a copy to the treaty first nation.
Section 16 BEFORE amended by 2019-4-4, effective March 25, 2019 (Royal Assent).
16 A proceeding in respect of the will of a Nisg̱a'a citizen or a treaty first nation member must not be heard by the court at the instance of a party claiming the benefit of Division 6 [Variation of Wills] of Part 4 [Wills] unless a copy of the initiating pleading or petition has been served on the Nisg̱a'a Lisims Government or the treaty first nation, as applicable.
Sections 18.1 to 18.3 were enacted by 2009-13-18.1 to 18.3, effective May 26, 2014 (BC Reg 101/2014).
Section 23 (2) (d) and (e) BEFORE amended by 2014-9-53, effective April 9, 2014 (Royal Assent).
(d) if there is no surviving descendant, parent or descendant of a parent, but the intestate is survived by one or more grandparents or descendants of grandparents,
(i) an equal part to the surviving parents of each of the intestate's parents, in equal shares of the part, but if a parent of the intestate has no surviving parent, that part to the descendants of that grandparent in equal shares, and
(ii) for the purpose of subparagraph (i), a part is determined by dividing the estate by the number of parents of the intestate who have
(B) a surviving descendent of the parent referred to in clause (A),
(e) if there is no surviving descendant, parent, descendant of a parent, grandparent or descendant of a grandparent, but the intestate is survived by one or more great-grandparents or descendants of great-grandparents,
(i) an equal part to the surviving grandparents of each of the intestate's parents, in equal shares of the part, but if a grandparent of the intestate has no surviving parent, that part to the descendants of that great-grandparent in equal shares, and
(ii) for the purpose of subparagraph (i), a part is determined by dividing the estate by the number of parents of the intestate who have
(A) a surviving grandparent, or
(B) a surviving descendent of the grandparent referred to in clause (A), or
Section 23 (5) (a) BEFORE amended by 2023-10-1179, effective March 30, 2023 (Royal Assent).
(a) degrees of relationship are to be computed by counting upward from the intestate to the nearest common ancestor of the intestate and his or her relative, and then downward to the relative, and
Section 24 (2) BEFORE amended by 2014-9-54(a), effective April 9, 2014 (Royal Assent).
(2) Subject to subsection (3), each surviving member of the generation nearest to the person that contains one or more surviving members must receive one share, and the share that would have been distributed to each deceased member if surviving must be divided among that member's descendants in the same manner as under subsection (1) and this subsection.
Section 24 (3) BEFORE repealed by 2014-9-54(b), effective April 9, 2014 (Royal Assent).
(3) Distribution to descendants under subsections (1) and (2) as a result of an a parent of the descendants having predeceased the intestate ends with the children of a brother or sister of the intestate.
Section 29 (1) (part) BEFORE amended by 2023-10-1180, effective March 30, 2023 (Royal Assent).
(1) A surviving spouse may exercise his or her right to acquire the spousal home by delivering, within the required time referred to in section 27 (2), a written notice to
Section 35 (3) and (4) BEFORE amended by 2023-10-1180, effective March 30, 2023 (Royal Assent).
(3) If a registrable charge becomes payable by order of the court under subsection (2), the surviving spouse has a period of 180 days to sell his or her interest in the spousal home in order to pay, in full, the amount secured by the registrable charge.
(4) After the period referred to in subsection (3), the owner of the registrable charge may take any action in respect of the registrable charge that a mortgagee of land may take under the prescribed standard mortgage terms under the Land Title Act if the surviving spouse has not sold his or her interest in the spousal home or the owner of the registrable charge has not been paid.
Section 35.1 was enacted by 2020-12-1, effective March 18, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 35.1 was renumbered as section 35.1 (1) by 2020-12-2(a), effective December 1, 2021 (BC Reg 252/2021).
Section 35.1 definitions of "electronic form", "electronic signature" and "electronic will" were added by 2020-12-2(b), effective December 1, 2021 (BC Reg 252/2021).
Section 35.2 was enacted by 2020-12-3, effective March 18, 2020 [retro from August 14, 2020 (Royal Assent)].
Section 37 (1) (b) BEFORE amended by 2020-12-5(a), effective December 1, 2021 (BC Reg 252/2021).
(b) signed at its end by the will-maker, or the signature at the end must be acknowledged by the will-maker as his or hers, in the presence of 2 or more witnesses present at the same time, and
Section 38 (1) BEFORE amended by 2023-10-1181, effective March 30, 2023 (Royal Assent).
(1) A member of the Canadian Forces while placed on active service under the National Defence Act (Canada), or a member of the naval, land or air force of any member of the British Commonwealth of Nations or any ally of Canada while on active service may, regardless of his or her age, make a gift of property by will in writing, signed by the will-maker at its end or by some other person in the presence of and by the direction of the will-maker.
Section 40 (2) BEFORE amended by 2023-10-1182, effective March 30, 2023 (Royal Assent).
(2) A person may witness a will even though he or she may receive a gift under it, but the gift may be void under section 43 [gifts to witnesses].
Section 41 (1) BEFORE amended by 2023-10-1183, effective March 30, 2023 (Royal Assent).
(1) A person may, by will, make a gift of property to which he or she is entitled at law or in equity at the time of his or her death, including property acquired before, on or after the date the will is made.
Section 43 (4) BEFORE amended by 2023-10-1184, effective March 30, 2023 (Royal Assent).
(4) On application, the court may declare that a gift to a person referred to in subsection (1) is not void and is to take effect, if the court is satisfied that the will-maker intended to make the gift to the person even though the person or his or her spouse was a witness to the will.
Section 46 (1) (b) BEFORE amended by 2023-10-1185, effective March 30, 2023 (Royal Assent).
(b) if the beneficiary was the brother, sister or a descendant of the will-maker, to their descendants, determined at the date of the will-maker's death, in accordance with section 42 (4) [meaning of particular words in a will];
Section 53 (1) BEFORE amended by 2023-10-1186, effective March 30, 2023 (Royal Assent).
(1) The presumption of law that a gift by a will-maker made during his or her lifetime to a child of the will-maker or to a person to whom the will-maker stands in place of a parent is an advancement of a portion that is intended to revoke a gift in the will-maker's will in favour of the child or person is abrogated and the gift in the will takes effect according to its terms.
Section 54 (2) BEFORE amended by 2014-9-55(a), effective April 9, 2014 (Royal Assent).
(2) An alteration to a will is valid if the signature of the will-maker to the alteration, and the witnesses to that signature of the will-maker, are made
(a) in the margin or in some other part of the will opposite to or near to the alteration, or
(b) at the end of or opposite to a memorandum referring to the alteration and written in some part of the will.
Section 54 (1) BEFORE amended by 2020-12-6, effective December 1, 2021 (BC Reg 252/2021).
(1) To make a valid alteration to a will the alteration must be made in the same way that a valid will is made under section 37 [how to make a valid will].
Section 55 (1) (part) BEFORE amended by 2020-12-8, effective December 1, 2021 (BC Reg 252/2021).
(1) A will or part of a will is revoked only in one or more of the following circumstances:
Section 56 (3) BEFORE amended by 2014-9-56, effective April 9, 2014 (Royal Assent).
(3) The operation of subsection (2) is not affected by a subsequent reconciliation of the will-maker and the spouse.
Section 56 (2) sandwich text BEFORE amended by 2023-10-1186, effective March 30, 2023 (Royal Assent).
and after the will is made and before the will-maker's death the will-maker and his or her spouse cease to be spouses under section 2 (2) [when a person is a spouse under this Act], the gift, appointment or power of appointment is revoked and the gift must be distributed as if the spouse had died before the will-maker.
Section 57 (1) BEFORE amended by 2020-12-10, effective December 1, 2021 (BC Reg 252/2021).
(1) A will or part of a will that has been revoked is revived only by a will that shows an intention to give effect to the revoked will or the part that was revoked.
Section 61 (1) (b) and (c) BEFORE amended by 2019-4-5, effective March 25, 2019 (Royal Assent).
(b) a copy of the initiating pleading or petition has been served on the executor of the will no later than 30 days after the expiry of the 180 day period referred to in paragraph (a) unless the court, before or after the expiration of the 30 days, extends the time for service, and
(c) if there are minor children of the will-maker, or if the spouse or a child of the will-maker is mentally incapable, a copy of the initiating pleading or petition has been served on the Public Guardian and Trustee.
Section 61 (2), (3) and (5) BEFORE amended by 2019-4-5, effective March 25, 2019 (Royal Assent).
(2) A proceeding in respect of the will of a Nisg̱a'a citizen or a treaty first nation member must not be heard by the court at the instance of a party claiming the benefit of this Division unless a copy of the initiating pleading or petition has been served on the Nisg̱a'a Lisims Government or the treaty first nation, as applicable.
(3) If the Public Guardian and Trustee is served with a copy of the initiating pleading or petition under subsection (1), the Public Guardian and Trustee is entitled to appear, to be heard and to any costs that the court orders.
(5) Within 10 days from the date of the issue of the initiating pleading or petition, a plaintiff in a proceeding under this Division may register, in the land title office in which the title to land sought to be affected is registered, a certificate of pending litigation against the land in a form approved under the Land Title Act.
Section 77 BEFORE amended by 2014-14-143, effective May 29, 2014 (Royal Assent).
Search of records
77 (1) A lawyer or a member of the Society of Notaries Public of British Columbia may, on application in a form satisfactory to the chief executive officer, ascertain from the chief executive officer whether or not a notice has been filed under this Division.
(2) A person other than a lawyer or a member of the Society of Notaries Public of British Columbia may, on written application accompanied either by a certificate of the death of the person named in the application or by a statutory declaration proving to the satisfaction of the chief executive officer that the person named in the application has died, ascertain from the chief executive officer if the person named in the application has filed a notice under this Division.
(3) The chief executive officer must
(a) issue to an applicant under subsection (1) or (2)
(i) the search results for the person named in the application, and
(ii) a certificate showing the contents of the last notice that is relevant to the application, and
(b) permit the applicant, or the agent of the applicant, to inspect the notices.
(4) The chief executive officer may provide a lawyer or member of the Society of Notaries Public of British Columbia who is an applicant under subsection (1) with
(a) a copy of a notice filed under this Division, or
(b) access by computer or otherwise to information contained in a notice filed under this Division.
(5) Except as provided in this section, the chief executive officer must not provide to any person information regarding notices filed under this Division or information about whether or not a notice has been filed.
Section 77 (2) BEFORE amended by 2016-4-30(a), effective September 1, 2016 (BC Reg 191/2016).
(2) A person other than a lawyer or a member of the Society of Notaries Public of British Columbia may, on written application accompanied either by a certificate of the death of the person named in the application or by a statutory declaration proving to the satisfaction of the registrar general that the person named in the application has died, ascertain from the registrar general if the person named in the application has filed a notice under this Division.
Section 85 (3) BEFORE amended by 2011-6-56, effective March 31, 2014 (BC Reg 149/2013).
(3) A person granted power over an adult's financial affairs under
(a) Part 2 of the Power of Attorney Act, or
(b) the Adult Guardianship Act
may make a designation under this section only if expressly authorized to do so by the court and the designation is not made in a will.
Section 85 (2) (a) BEFORE amended by 2023-10-1188, effective March 30, 2023 (Royal Assent).
(a) is only effective if the designation, alteration or revocation
(ii) is not altering or revoking a previous designation that is irrevocable under section 87, and
(iii) is signed by the person making it, or by another person in the presence of the person making it and by his or her direction,
and the signature may be in the name of the person making it or the person signing by his or her direction,
Section 90 (1) BEFORE amended by 2014-9-57, effective April 9, 2014 (Royal Assent).
(1) Subject to subsection (2), a new designation of the same designated beneficiary may be made, other than by a will, by a representative of the participant, including one of the following:
(a) a committee acting under the Patients Property Act;
(b) an attorney acting under an enduring power of attorney as described in section 8 [enduring power of attorney] of the Power of Attorney Act;
(c) a representative acting under a representation agreement made under section 9 (1) (g) [other provisions] of the Representation Agreement Act;
(d) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development.
Section 104 (1) BEFORE amended by 2023-10-1189, effective March 30, 2023 (Royal Assent).
(1) A person named as executor in a will may renounce his or her appointment as executor.
Section 107 BEFORE amended by 2014-9-58, effective April 9, 2014 (Royal Assent).
Executor not joining an application
107 If an executor does not join an application for a grant of probate or administration with will annexed, the executor is not liable in respect of assets of the estate coming into the hands of a co-executor, an alternative executor, an administrator with will annexed or a declarant named in the representation grant, whether or not power is reserved to the executor to apply for a subsequent representation grant.
Section 121 (2) BEFORE amended by 2011-6-34, effective June 2, 2011 (Royal Assent).
(2) An applicant or personal representative who, in accordance with the Supreme Court Civil Rules, makes reasonable efforts to discover the existence, identity or whereabouts of persons to whom the notice under subsection (1) is required to be given, but is unsuccessful, is not liable for any loss or damage arising from not giving the required notice except for claims
(a) to recover property or enforce an order, or
(b) under Division 6 [Variation of Wills] of Part 4 [Wills].
Section 122 (1) (b) (part) BEFORE amended by 2023-10-1190, effective March 30, 2023 (Royal Assent).
(b) disclose information as required under the Supreme Court Civil Rules concerning the property of the deceased person, irrespective of its nature, location or value, that passes to the applicant in his or her capacity as the deceased person's personal representative, unless
Section 124 BEFORE amended by 2014-9-59, effective April 9, 2014 (Royal Assent).
Opportunity for Public Guardian and Trustee to comment
124 (1) If the Public Guardian and Trustee has, in accordance with the Supreme Court Civil Rules, been given notice of an application for grant of probate or administration, the court must not issue the grant of probate or administration unless
(a) the applicant provides to the court the written comments of the Public Guardian and Trustee, or
(b) the court is satisfied, in an additional application made with reasonable notice to the Public Guardian and Trustee, that it is necessary or appropriate to issue the grant before the Public Guardian and Trustee gives written comments.
(2) The applicant must, with respect to an application for grant of probate or administration under subsection (1), provide a copy of the grant of probate or administration to the Public Guardian and Trustee within 45 days after it is issued.
Section 129 (1) (b) (i) to (iii) BEFORE amended by 2023-10-1189, effective March 30, 2023 (Royal Assent).
(i) in British Columbia at the time of his or her death,
(ii) outside British Columbia at the time of his or her death and left property in British Columbia, or
(iii) outside British Columbia at the time of his or her death and the personal representative will be a party to a proceeding commenced in British Columbia.
Section 129 (2) BEFORE amended by 2023-10-1189, effective March 30, 2023 (Royal Assent).
(2) The court may grant probate of a will or administration of an estate even though the deceased person was not ordinarily resident or domiciled in British Columbia at his or her death and left no property in British Columbia.
Section 130 (g) BEFORE amended by 2014-9-60, effective April 9, 2014 (Royal Assent).
(g) any other person the court considers appropriate to appoint, including, without limitation, the Public Guardian and Trustee, subject to the Public Guardian and Trustee's consent.
Section 131 (c) BEFORE amended by 2014-9-61, effective April 9, 2014 (Royal Assent).
(c) any other person the court considers appropriate to appoint, including the Public Guardian and Trustee, subject to the Public Guardian and Trustee's consent.
Section 138 (2) (c) BEFORE amended by 2014-9-62(a), effective April 9, 2014 (Royal Assent).
(c) if the application relates to a foreign grant of administration with or without will annexed and security is required to be provided under section 128 [security for administration of estates] provide security in an amount approved by the court.
Section 150 (9) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).
(9) This section is subject to section 10 [limitation of actions, election and subrogation] of the Workers Compensation Act.
Section 150 (10) (b) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).
(b) section 103 [liability of employer] of the Workers Compensation Act.
Section 151 (1) (part) BEFORE amended by 2019-4-8(b), effective September 16, 2019 (BC Reg 195/2019).
(1) Despite section 136 [effect of representation grant], a beneficiary or an intestate successor may, with leave of the court, commence proceedings in the name and on behalf of the personal representative of the deceased person
Section 151 (2) BEFORE amended by 2019-4-8(d), effective September 16, 2019 (BC Reg 195/2019).
(2) A beneficiary or an intestate successor may, with leave of the court, defend in the name and on behalf of the personal representative of a deceased person, a proceeding brought against the deceased person or the personal representative.
Section 151 (3) (a) (part) BEFORE amended by 2019-4-8(f), effective September 16, 2019 (BC Reg 195/2019).
(a) the court determines the beneficiary or intestate successor seeking leave
Section 151 (3) (a) (ii) (B) BEFORE amended by 2019-4-8(g), effective September 16, 2019 (BC Reg 195/2019).
Section 151 (3) (b) BEFORE amended by 2019-4-8(h), effective September 16, 2019 (BC Reg 195/2019).
(b) it appears to the court that it is necessary or expedient for the protection of the estate or the interests of a beneficiary or an intestate successor for the proceeding to be brought or defended.
Section 151 (4) BEFORE amended by 2019-4-8(i), effective September 16, 2019 (BC Reg 195/2019).
(4) On application by a beneficiary, an intestate successor or a personal representative, the court may authorize a person to control the conduct of a proceeding under this section or may give other directions for the conduct of the proceeding.
Section 152 (c) BEFORE amended by 2019-4-9, effective March 25, 2019 (Royal Assent).
(c) sets aside a reserve from the estate in an amount fixed by agreement, or by the court on application by the personal representative, to meet future claims that may be made in respect of a fixed or determined amount the deceased person agreed to pay or for which the deceased person was liable under the contract.
Section 154 (1) BEFORE amended by 2023-10-1191, effective March 30, 2023 (Royal Assent).
(1) In this section, "claimant" does not include a person who has commenced proceedings to determine whether he or she is a beneficiary or an intestate successor.
Section 155 (1) BEFORE amended by 2019-4-10(a), effective March 25, 2019 (Royal Assent).
(1) The personal representative of a deceased person must not distribute the estate of the deceased person in the 210 days following the date of the issue of a representation grant except
(a) with the consent of all beneficiaries and intestate successors entitled to the estate, or
Section 158 (3) BEFORE amended by 2014-9-63, effective April 9, 2014 (Royal Assent).
(3) Subject to the terms of a will, if any, the court, by order, may remove or pass over a person otherwise entitled to be or to become a personal representative if the court considers that the personal representative or person entitled to become the personal representative should not continue in office or be granted probate or administration, including, without limitation, if the personal representative or person entitled to become the personal representative, as the case may be
(a) refuses to accept the office of or to act as personal representative without renouncing the office,
(b) is incapable of managing his or her own affairs,
(c) purports to resign from the office of personal representative,
(d) being a corporation, is dissolved or is in liquidation other than a voluntary dissolution or liquidation for the purpose of amalgamation or reorganization,
(e) on application by a creditor having a claim for more than a prescribed amount,
(i) has been convicted of an offence involving dishonesty, or
(ii) is an undischarged bankrupt,
(i) unable to make the decisions necessary to discharge the office of personal representative,
(iii) otherwise unwilling or unable to or unreasonably refuses to carry out the duties of a personal representative,
to an extent that the conduct of the personal representative hampers the efficient administration of the estate, or
Section 158 (3) (e.1) and (3.1) were added by 2014-9-63(b) and (d), effective April 9, 2014 (Royal Assent).
Section 164 (3) BEFORE amended by 2014-9-64, effective April 9, 2014 (Royal Assent).
(3) A grant of administration must not be issued
(a) except on affidavits made in accordance with the Supreme Court Civil Rules, and
(b) unless the court is satisfied that
(i) no grant of administration of the estate of the deceased person has been issued in British Columbia, and
(ii) no person in British Columbia is entitled to share in the distribution of the estate of the deceased person and is ready and competent to apply for a grant of administration.
Section 167 (1) (b) BEFORE amended by 2014-9-65, effective April 9, 2014 (Royal Assent).
(b) the Public Guardian and Trustee intends to make an application under section 164 (2) for a grant of administration or to file a small estate declaration under Division 2 [Small Estate Administration] of this Part,
Section 170 (1) (f) BEFORE amended by 2024-13-270, effective April 25, 2024 (Royal Assent).
(f) municipal taxes and taxes of the Nisg̱a'a Lisims Government or a taxing treaty first nation assessed or levied against the deceased person within the 2 years immediately preceding the date of death of the deceased person that do not constitute a secured claim against the land of the deceased person, not exceeding the value of the interest of the deceased person in the property as declared by the personal representative;
Section 181 (2) (c) BEFORE amended by 2023-10-1193, effective March 30, 2023 (Royal Assent).
(c) make a nomination permitted by this Part, including a nomination of himself or herself.