"Point in Time" Act Content

WILLS ACT
[RSBC 1996] CHAPTER 489

Section 1 BEFORE amended by 2002-74-59 effective December 19, 2002 (BC Reg 381/02).

Definition

1 In this Act, "will" includes a testament, a codicil, an appointment by will or by writing in the nature of a will in exercise of a power and any other testamentary disposition.

Section 32 BEFORE amended by 2002-74-60 effective December 19, 2002 (BC Reg 381/02).

Filing of notice of will with Director of Vital Statistics

32 If a person has executed a will, a notice may be filed with the Director of Vital Statistics in a form satisfactory to the Director of Vital Statistics.

Section 33 BEFORE amended by 2002-74-60 effective December 19, 2002 (BC Reg 381/02).

33 If a will has been revoked, whether or not a notice was filed under section 32, a notice of revocation in a form satisfactory to the Director of Vital Statistics may be filed with the Director of Vital Statistics.

Section 34 BEFORE amended by 2002-74-60 effective December 19, 2002 (BC Reg 381/02).

34 If notice has been filed under section 32 and the will is no longer located at the place mentioned in the notice, notice of the change in a form satisfactory to the Director of Vital Statistics may be filed with the Director of Vital Statistics.

Section 35 BEFORE amended by 2002-74-60 effective December 19, 2002 (BC Reg 381/02).

35 The Director of Vital Statistics must maintain, in a system that he or she believes facilitates access to information by those who require it, a record of every notice filed under this Act.

Section 36(1) BEFORE amended by 2002-12-40 effective April 11, 2002 (Royal Assent).

(1) A solicitor of the Supreme Court of British Columbia or a member of the Society of Notaries Public of British Columbia may, on written application in the form prescribed by regulation, ascertain from the Director of Vital Statistics whether or not a notice has been filed under this Act.

Section 36 BEFORE amended by 2002-74-60 effective December 19, 2002 (BC Reg 381/02).

36 (1) A solicitor of the Supreme Court of British Columbia or a member of the Society of Notaries Public of British Columbia may, on application in a form satisfactory to the Director of Vital Statistics, ascertain from the Director of Vital Statistics whether or not a notice has been filed under this Act.

(2) Any person other than a solicitor of the Supreme Court of British Columbia 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 Director of Vital Statistics that the person named in the application has died, ascertain from the director if the person has filed a notice under this Act.

(3) The Director of Vital Statistics must

(a) issue to an applicant under subsection (1) or (2) a certificate in duplicate showing the contents of all notices filed and relevant to the application, and

(b) permit the applicant, or the agent of the applicant, to inspect the notices.

(4) The Director of Vital Statistics may provide a solicitor 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 Act, or

(b) access by computer or otherwise to information contained in a notice filed under this Act.

(5) Except as provided in this section, the Director of Vital Statistics must not provide to any person information regarding notices filed under this Act or information showing whether or not a notice has been filed.

Section 38(e) BEFORE repeal by 2002-12-41 effective April 11, 2002 (Royal Assent).

(e) prescribing forms for use under this Act;

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