B.C. Reg. 115/2019, deposited June 3, 2019, under the COURT RULES ACT [section 1]. Order in Council 279/2019, approved and ordered June 3, 2019.

On the recommendation of the undersigned, made after consultation with the Chief Justice of the Supreme Court, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective July 1, 2019, the Supreme Court Civil Rules, B.C. Reg. 168/2009, are amended as set out in the attached Schedule.

— D. EBY, Attorney General; M. MUNGALL, Presiding Member of the Executive Council.

Schedule

1 Rule 2-1 (2.1) of the Supreme Court Civil Rules, B.C Reg. 168/2009, is amended by repealing paragraphs (c) and (d) and substituting the following:

(c) the filing of a requisition under Rule 25-12 (2), 25-14 (1) or 25-14 (1.11), or

(d) the filing of a petition under Rule 25-14 (1.1), (2) or (4).

2 The following Rule is added:

Rule 19-5 – Documents Required by Judicial Authority of Other Jurisdictions

Request for certified copy with additional formalities

(1) A person may request a certified copy of a document with formalities that are in addition to those used by the court by filing a request in Form 30.1, if the additional formalities are required by a judicial authority of another jurisdiction.

Required supplies

(2) A request under subrule (1) must include any supplies required under the other jurisdiction, other than blue or black ink, a Supreme Court adhesive seal, a Supreme Court impression seal or an ink stamp certifying a document to be a true copy.

Request for production of certification or formal documentation

(3) A person may request production of certification or other formal documentation that is not otherwise contemplated in these Supreme Court Civil Rules by filing a request in Form 30.1, if the certification or other formal documentation is required by a judicial authority of another jurisdiction.

Request must include document

(4) A request under subrule (3) must include the document the person wishes to be certified or issued under this rule.

Filing request

(5) The registrar may provide a certified copy of a document requested under subrule (1) or production of certification or other formal documentation under subrule (3) on receipt of satisfactory information and, if required by the registrar, additional materials in respect of the requirements of a judicial authority of another jurisdiction.

3 Rule 23-3 (5) (a) (i) is repealed and the following substituted:

(i) probate, other than documents respecting an application that, under Part 25, does not require the filing of an originally signed version of a will; .

4 Rule 25-2 is amended

(a) by repealing subrule (2) (a) (iii) and substituting the following:

(iii) each person

(A) who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, would have been an intestate successor if the deceased did not leave a will and the estate exceeded the preferential share of the spouse as described in section 21 (2) to (5) of that Act, and

(B) who is not referred to in subparagraph (i) or (ii) of this paragraph; , and

(b) by repealing subrule (2) (b) (i) and substituting the following:

(i) each person who, under Division 1 of Part 3 of the Wills, Estates and Succession Act, is an intestate successor of the deceased or would have been an intestate successor if the estate exceeded the preferential share of the spouse as described in section 21 (2) to (5) of that Act, and .

5 Rule 25-3 is amended

(a) in subrule (3) (a) by striking out "and" at the end of subparagraph (i) and by adding the following subparagraph:

(i.1) in addition to the will or copy provided under subparagraph (i), 2 copies of the will, and ,

(b) by repealing subrule (14) and substituting the following:

Search for will

(14) The applicant in an application brought under this rule must swear or affirm in the affidavit required under subrule (2) (b) that the applicant is satisfied that

(a) a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation,

(i) in all places where the deceased usually kept his or her documents,

(ii) at a location specified in the certificate referred to in subrule (2) (d), and

(iii) if that certificate indicates that the testamentary document is kept by a law firm and the law firm is no longer at the location specified in the certificate and cannot otherwise be located, with the Law Society of British Columbia, and

(b) as a result of that search,

(i) if the application is for a grant of probate, a grant of administration with will annexed, an ancillary grant of probate or an ancillary grant of administration with will annexed, one of the following:

(A) no testamentary document of the deceased that is dated later than the date of the will has been found;

(B) one or more testamentary documents of the deceased dated later than the date of the will have been found, but, for the reasons stated in the affidavit, the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application, or

(ii) if the application is for a grant of administration without will annexed, one of the following:

(A) no testamentary document of the deceased has been found;

(B) one or more testamentary documents of the deceased have been found, but, for the reasons stated in the affidavit, the applicant believes that those testamentary documents are invalid or otherwise not relevant to the application. , and

(c) by adding the following subrule:

Fee agreements

(23.1) Subrule (23) does not apply to a reference in a will to a document that sets out the allowance to be paid to an executor or administrator of the will.

6 Rule 25-5 is amended

(a) before the heading "Amendment Applications" by adding the following subrule:

Application to correct name of deceased in style of proceeding

(1.1) Without limiting subrule (1), a person who has applied for an estate grant or to reseal a foreign grant may request that the registrar correct the deceased’s name in the style of proceeding of the grant or authorization by complying with Rule 23-1 (9) and filing an affidavit explaining the error and indicating the deceased’s correct name. , and

(b) by adding the following subrule:

Registrar may correct name of deceased in style of proceeding

(2.1) If, before the issuance of a grant or authorization or the resealing of a foreign grant,

(a) an applicant makes a request under subrule (1.1), and

(b) the registrar is satisfied that the deceased’s name is incorrectly set out in the style of proceeding of the instrument referred to in the request and that the deceased’s name is correctly set out elsewhere in the submission for estate grant in Form P2 or the submission for resealing in Form P21 and that the deceased’s name in the notice in Form P1 is not seriously misleading,

the registrar must issue a Form P20.1 and, when issuing the grant or authorization or resealing the foreign grant, may use the corrected name in the style of proceeding.

7 Rule 25-10 (1) and (3) (a) is amended by adding "or a person who claims an interest under a prior or subsequent will" after "under Rule 25-2 (2)".

8 Rule 25-14 is amended

(a) in subrule (1) by striking out ", or, if nothing has been filed in relation to the estate, may, despite Rule 2-1 (1) and (2) (a) and (b), apply by requisition in Form P41,",

(b) by repealing subrule (1) (a),

(c) in subrule (1) by striking out "or" at the end of paragraph (p), by adding "or" at the end of paragraph (q) and by adding the following paragraph:

(r) appointing a trustee to hold and administer a minor’s interest in an estate until the minor reaches 19 years of age. ,

(d) by adding the following subrule:

Applications by requisition

(1.11) If there has been an application for estate grant, a person may apply in accordance with Part 8, or, if nothing has been filed in relation to the estate, by requisition in Form P41, for an order

(a) under Rule 25-2 (14), or

(b) to shorten the 21-day waiting period referred to in Rule in 25-2 (1) or to authorize a filing made before that period has expired. ,

(e) in subrule (2) (f) by striking out "apply by requisition" and substituting "apply by petition",

(f) in subrule (3) by striking out "subrule (1)" and substituting "subrule (1.11)", and

(g) by adding the following subrule:

General civil petition rule applies

(9) Rule 16-1 applies to all applications by petition under this rule.

9 Appendix A is amended by adding the following form:

Form 30.1 (Rule 19-5)

[Style of Proceeding]

REQUEST FOR DOCUMENT REQUIRED BY JUDICIAL AUTHORITY OF ANOTHER JURISDICTION

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

Filed by: .............[name, address and telephone number of person filing request]...............

[Check the correct box and provide the required information.]

Requested: [ ] A certified copy with additional formalities, as set out in Part 1

[OR]

[ ] The production of certification or formal documentation, as set out in Part 2

Part 1: CERTIFIED COPY WITH ADDITIONAL FORMALITIES

This request is for a certified copy of [identify document by nature and, if available, date], with the following additional formalities in the circumstance that the formalities are required by the judicial authority of [name of foreign jurisdiction] in accordance with [cite relevant foreign rule, enactment or other requirement].

[Using numbered paragraphs, set out the additional formalities that are required for the requested certified copy. If the formalities require supplies other than blue or black ink, a Supreme Court adhesive seal, a Supreme Court impression seal or an ink stamp certifying a document to be a true copy, include those supplies with your submission.]

1

2

[Using numbered paragraphs, provide information about the foreign rule, enactment or other requirement relied on in this request that necessitates additional formalities for the requested certified copy by the judicial authority of another jurisdiction.]

1

2

Part 2: PRODUCTION OF CERTIFICATION OR FORMAL DOCUMENTATION

This request is for the production of certification of the attached document or for other formal documentation for [identify document by nature and, if available, date] in the circumstance that the certification or other formal documentation is required by the judicial authority of [name of foreign jurisdiction] in accordance with [cite relevant foreign rule, enactment or other requirement].

[Using numbered paragraphs, describe the requested certification or other formal documentation.]

1

2

[Using numbered paragraphs, provide information about the foreign rule, enactment or other requirement relied on in this request that necessitates the requested certification or other formal documentation by the judicial authority of another jurisdiction.]

1

2

10 The Appendix to Form 32 in Appendix A is amended by adding "[ ]  none of the above" on a line immediately after "[ ]  experts".

11 Form 67 in Appendix A is amended by striking out "(Rule 16-1 (5) )" and substituting "(Rule 16-1 (5) and Rule 25-14 (2) )".

12 Form P2 in Appendix A.1 is amended

(a) in the text that precedes Part 1 by striking out "copy(ies)" in both places and substituting "certified copy(ies)",

(b) by adding the following before "This submission for estate grant has 4 Parts:":

[ ] I/We request ...[number of copies]... certified copy(ies) of the affidavit of assets and liabilities for domiciled estate grant.

[ ] I/We request ...[number of copies]... certified copy(ies) of the affidavit of assets and liabilities for non-domiciled estate grant. ,

(c) in section 6 of Part 3 by striking out "4 boxes" and substituting "5 boxes" and by adding the following at the end of the section:

[ ] The will refers to one or more of the following documents not attached to the will that are not filed because the document mentioned in the will is not testamentary:

1 [Enter document name and briefly state why the document is not testamentary, for example, not witnessed or not related to the disposition of the deceased’s estate.]

2

3 etc. , and

(d) in Part 4 by striking out "/other former spouse(s) [provide name(s) of other former spouse(s) and indicate "(former spouse)"]" wherever it appears.

13 Form P4 in Appendix A.1 is amended in section 8 in the portion that follows "[ ] a copy of .....[identify document]....," by striking out "2 boxes" and substituting "3 boxes" and by adding the following at the end of the section:

[ ] is not attached, because it is not testamentary .

14 Form P5 in Appendix A.1 is amended by repealing section 3 and substituting the following:

3 [Check whichever one of the immediately following 2 boxes is correct and indicate the paragraph that applies]

[ ] I am a person referred to in paragraph .............. of section 130 of the Wills, Estates and Succession Act.

[ ] I am a person nominated under paragraph .....[select (a) or (c)] ..... of section 130 of the Wills, Estates and Succession Act.

15 Form P9 in Appendix A.1 is amended in section 3 by striking out "Rule 25-3 (6), (9) or (11)" and substituting "Rule 25-2 (8), (10) or (12)" and by striking out "Rule 25-3 (2)" and substituting "Rule 25-2 (2)".

16 Appendix A.1 is amended by adding the following form:

Form P20.1 (Rule 25-5 (1.1) )

[Style of Proceeding]

CORRECTION RECORD FOR STYLE OF PROCEEDING

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

17 Form P21 in Appendix A.1 is amended

(a) in the text that precedes Part 1 by striking out "following 2 boxes" and substituting "following 5 boxes" and by adding the following after the second tick box:

[ ] I/We request ...[number of copies]... certified copy(ies) of the resealed estate grant.

[ ] I/We request ...[number of copies]... certified copy(ies) of the authorization to obtain resealing information.

[ ] I/We request ...[number of copies]... certified copy(ies) of the Affidavit of Assets and Liabilities for Resealing. ,

(b) in Part 1 by striking out "Full legal name of the deceased:" and substituting "Name of the deceased as it appears on the foreign grant to be resealed:",

(c) in Part 3 by repealing section 6 and substituting the following:

6 [Check whichever one of the immediately following 4 boxes is correct and provide any required information.]

[ ] The will referred to in section 4 does not refer to any documents or refers only to documents attached to the will.

[ ] Filed with this submission for resealing is/are the following document(s):

1

2

3 etc.

which document(s) is/are referred to in, but not attached to, the will referred to in section 4.

[ ] Not filed with this submission for resealing is/are the following document(s),

1

2

3 etc.

which document(s) is/are referred to in, but not attached to, the will referred to in section 4, but which are not testamentary and are not relevant to this application for the following reasons: ....................[briefly state the reasons]....................

[ ] The foreign grant is a grant of administration without will annexed. , and

(d) in Part 4 by striking out "/other former spouse(s) [provide name(s) of other former spouse(s) and indicate "(former spouse)"]" wherever it appears.

18 Form P43 in Appendix A.1 is repealed and the following substituted:

Form P43 (Rule 25-14 (2) )

No. ...............................

.................................. Registry

In the Supreme Court of British Columbia

Between

, Petitioner(s)

and

, Respondent(s)

[or, if there is no person against whom relief is sought:

Re: ........[State the person by whom, or the entity in respect of which, relief is sought.]........]

PETITION TO THE COURT – ESTATE PROCEEDINGS

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

ON NOTICE TO:

................[name and address of each person to be served]................

This proceeding is brought for the relief set out below, by

[Check whichever one of the following boxes is correct and complete any required information.]

[ ] the person(s) named as petitioner(s) in the style of proceedings above

[ ] ...............[name(s)]................. (the petitioner(s) )

If you intend to respond to this petition, you or your lawyer must

(a) file a response to petition in Form 67 in the above-named registry of this court within the time for response to petition described below, and

(b) serve on the petitioner(s)

(i) 2 copies of the filed response to petition, and

(ii) 2 copies of each filed affidavit on which you intend to rely at the hearing.

Orders, including orders granting the relief claimed, may be made against you, without any further notice to you, if you fail to file the response to petition within the time for response.

Time for response to petition

A response to petition must be filed and served on the petitioner(s),

(a) if you were served with the petition anywhere in Canada, within 21 days after that service,

(b) if you were served with the petition anywhere in the United States of America, within 35 days after that service,

(c) if you were served with the petition anywhere else, within 49 days after that service, or

(d) if the time for response has been set by order of the court, within that time.

Claim of the Petitioner(s)

Part 1: ORDER(S) SOUGHT

The petitioner(s) seek(s) the following order(s):

1 [Check whichever one or more of the immediately following 4 boxes are correct and, using numbered paragraphs, set out the order(s) being sought and indicate against which person(s) the order(s) is(are) sought.]

[ ] The petitioner(s) seek(s) the following order(s) under section 30 of the Wills, Estates and Succession Act:

1

2

[ ] The petitioner(s) seek(s) the following order(s) under section 33 of the Wills, Estates and Succession Act:

1

2

[ ] The petitioner(s) seek(s) the following order(s) under section 58 of the Wills, Estates and Succession Act:

1

2

[ ] The petitioner(s) seek(s) the following order(s) under section 59 of the Wills, Estates and Succession Act:

1

2

Part 2: FACTUAL BASIS

[Using numbered paragraphs, set out the material facts on which this petition is based.]

1

2

Part 3: LEGAL BASIS

[Using numbered paragraphs, specify any rule or other enactment relied on and provide a brief summary of any other legal bases on which the petitioner(s) intend(s) to rely in support of the orders sought.]

1

2

Part 4: MATERIAL TO BE RELIED ON

[Using numbered paragraphs, list the affidavits served with the petition. Each affidavit included on the list must be identified as follows: "Affidavit #..........[sequential number, if any, recorded in the top right hand corner of the affidavit].......... of ..........[name].........., made ........[dd/mmm/yyyy]........".]

1

2

The petitioner(s) estimate(s) that the hearing of the petition will take ...........[time estimate]........... .

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