| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada |
IMPORTANT INFORMATION |
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;
"common law spouse" means either
(a) a person who is united to another person by a marriage that, although not a legal marriage, is valid by common law, or
(b) a person who has lived and cohabited with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for a period of at least 2 years immediately before the other person's death;
"court" means the Supreme Court or a judge of the Supreme Court;
"cultural property" has the same meaning as in paragraph 115 of the Nisga'a Government Chapter of the Nisga'a Final Agreement;
"deceased" means the deceased person;
"estate" means
(a) when applied in relation to a person who died before June 1, 1921, personal estate, and
(b) when applied in relation to a person who died on or after that date, 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;
"Nisga'a citizen" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a law" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;
"proceedings" means a matter or proceeding had or taken within the meaning of section 110 whether according to its exact or intended form or not;
"spouse" includes a common law spouse;
"testator" means the person making a will, whether the person is male or female;
"will" includes codicil and all testamentary instruments of which probate may be granted.
2 This Act extends to all persons entitled or acting under a will, codicil or other testamentary instrument whenever executed.
Part 2 — Grants of Administration
2.1 (1) In any judicial proceeding under this Act in which the validity of a will of a Nisga'a citizen, or the devolution of the cultural property of a Nisga'a citizen, is at issue, the Nisga'a Lisims Government has standing in the proceeding as provided in paragraph 117 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
(2) In a proceeding to which subsection (1) applies, the court must consider, among other matters, any evidence or representations in respect of Nisga'a laws and customs dealing with the devolution of cultural property as provided in paragraph 119 of the Nisga'a Government Chapter of the Nisga'a Final Agreement.
(3) As provided in paragraph 120 of the Nisga'a Government Chapter of the Nisga'a Final Agreement, the participation of the Nisga'a Lisims Government in a proceeding to which subsection (1) applies must be in accordance with the applicable Rules of Court and does not affect the court's ability to control its process.
3 From the death of a person dying intestate until administration is granted in respect of the person's 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.
4 After the death of a person dying intestate, the administrator appointed by the court must pay the debts due by the deceased person as far as the goods of the person will extend, in the same way that the executor of the person would have been bound if the person had made a will.
5 For the purposes of this Act, an administrator of the estate of a deceased person is deemed to be administrator as if there had been no interval of time between the death of the deceased and the grant of administration.
6 (1) If a person dies intestate, or if the executor named in a will refuses to prove the will, the court may grant the administration of the estate of the deceased person
(a) to the surviving spouse of the deceased person,
(b) to one or more of the next of kin, or
(c) to the surviving spouse of the deceased person jointly with one or more of the next of kin,
as to the court seems expedient.
(2) If a person dies possessed of real estate,
(a) in granting letters of administration or letters of administration with the will annexed, the court must have regard to the rights and interests of persons interested in the real estate, and
(b) the heirs at law and devisees of the real estate, if not of the next of kin, are equally entitled to the grant with the next of kin.
(3) If the executors named in a will refuse to prove the will, the administration to be granted by the court must be administration with the will annexed, and the will of the deceased expressed in the testament must be performed and observed.
(4) An administrator appointed under this section
(a) has the same powers as an executor to demand or to recover by an action or otherwise payment of debts due to the deceased, and to administer the person's estate, and
(b) has in respect of them the same responsibilities as an executor, if appointed, would have had.
7 (1) This section applies if
(a) a person dies intestate,
(b) a person leaves a will, but without having appointed an executor willing and competent to take probate, or
(c) the executor at the time of the death of the person resides out of British Columbia
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.
(2) In the circumstances referred to in subsection (1), the court may, in its discretion, appoint a person it thinks fit to be the administrator, on the person giving security the court must direct.
(3) An administration under subsection (2) may be limited or on condition or otherwise, as the court thinks fit.
8 (1) 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.
(2) An administrator appointed under subsection (1)
(a) has all the rights and powers of a general administrator, other than the right of distributing the estate, and
(b) is subject to the control of the court, and must act under its direction.
9 (1) If, 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
(a) proceed in the absence of a representative, or
(b) 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.
(2) An order made by the court as referred to in subsection (1) and every order consequent on it, binds the estate of the deceased person in the same manner as if the deceased's legal personal representative had been a party to the action or proceeding and had appeared and submitted the deceased person's interests to the protection of the court.
10 The court may direct that administrators and receivers appointed pending actions involving matters testamentary must receive out of the personal and real estate of the deceased reasonable remuneration the court thinks fit.
11 (1) This section applies if
(a) the executor to whom probate of a will has been granted, or
(b) the administrator to whom administration of an estate has been granted,
is residing outside British Columbia at the end of 12 calendar months from the death of the deceased.
(2) A creditor, spouse, next of kin or legatee may apply to the court for an order under subsection (3), on an affidavit setting out
(a) the capacity in and the grounds on which the applicant applies, and
(b) that delay is being caused in the administration of the estate of the testator or intestate, owing to the absence of the executor or administrator from British Columbia.
(3) On application under subsection (2), the court may grant to the applicant special administration of the estate of the deceased person, either general or limited, and on the terms as to notice and security as the court thinks fit.
(4) Subsections (1) to (3) do not abridge the powers of the court as defined in preceding sections.
(5) If an executor capable of acting returns to British Columbia and becomes resident in British Columbia when an application under subsection (2) is pending, the executor must be made a party to the application, and the costs incurred by granting administration under subsection (3) are in the discretion of the court.
(6) A person to whom administration is granted under subsection (3) has the same powers as an administrator appointed pending the minority of the next of kin.
(7) Pending an application for the grant of special administration under subsection (3) the court may appoint a person to collect any debts or effects due to the estate and to give discharges for them.
(8) A person appointed under subsection (7) must give security as the court orders for the proper discharge of the person's duties.
12 (1) If a minor is sole executor under a will,
(a) administration with the will annexed must be granted to the guardian of the minor or to a person the court thinks fit, until the minor reaches age 19, and
(b) when the minor reaches age 19 but not before, probate of the will must be granted to him or her.
(2) Administration granted under subsection (1) (a) may be
(a) either general or limited, and
(b) on terms the court may direct.
13 (1) If the next of kin of a person dying intestate is or are under age 19, the court may grant administration to a person the court thinks fit during the minority of the next of kin.
(2) Administration granted under subsection (1) may be
(a) either general or limited,
(b) either solely or jointly with another person, and
(c) on the terms as to security and otherwise as the court may direct.
14 After a grant of administration until the grant has been revoked, 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.
15 (1) All second and subsequent grants of probate or administration must be made in the registry where the original will is deposited or the original grant of probate or administration was made.
(2) For a 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 person dying intestate had a fixed place of abode in the district, county or registry in which the application is made.
16 (1) A person to whom administration is granted must 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
(a) the making of a true inventory and account, including the disposition of the estate which has come into the hands of the administrator or under the control of the administrator under the grant, and
(b) collecting and administering the estate of the deceased.
(2) Nothing in this section requires an official administrator acting within the limits within which the administrator holds office to give security other than that otherwise required by law.
(3) Bonds must 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.
(4) The court may direct that more than one bond must be given, so as to limit the liability of a surety.
(5) Instead 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.
(6) All the provisions with reference to the bonds referred to in subsections (1) to (5) apply to the security to be given under subsection (5).
17 (1) The court may dispense with a bond
(a) if it is sworn that
(i) there are no debts for which the estate is or may be liable,
(ii) the estate is of small value, or
(iii) the administrator is the beneficiary, or
(b) if all parties, who are or may be beneficially interested in the estate, consent to this in writing.
(2) If an 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 85 of $65 000 or less,
(a) the declaration is binding on every person, whether or not under legal disability entitled to share in the estate in accordance with Part 10 of this Act, and
(b) 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.
18 (1) On application by summons and on being satisfied that the condition of a bond has been broken, the court may order the registrar or person to whom the bond has been made under the order of the court to assign the bond to a person named in the order.
(2) The person to whom the bond is assigned, the executor or administrator of that person
(a) may then sue on the bond in his or her own name or as the executor or administrator, as the case may be, and
(b) is entitled to recover on the bond as trustee, or for the benefit of all persons interested, the amount recoverable for a breach of the condition of the bond.
19 The court may direct that the bond or other security provided by an administrator be delivered up to be cancelled if
(a) the administrator has passed the final account and has paid into court or distributed the whole of the property of the deceased that has come into the administrator's hands, and
(b) notice has been given to all the beneficiaries in a manner the court approves.
20 (1) This section applies to an estate that has a value not greater than $25 000.
(2) It is not necessary for the official administrator or another person to be appointed administrator by order of the court.
(3) The official administrator or a person competent to take out administration has the same power and authority to administer the estate as if the person had been appointed by order of a court to administer it, on satisfying the registrar of the court by filed affidavit that
(a) the person is competent to take out administration of the estate, and
(b) the value of the estate is not greater than $25 000.
(3.1) In an application filed under this section,
(a) section 40 (3) does not apply, and
(b) the official administrator is not required to satisfy the registrar that the deceased has no relatives who are
(i) entitled to share in the distribution of the estate of the deceased, and
(ii) ready and competent to take out letters of administration.
(4) If the official administrator or another person has become empowered to administer an estate under this section,
(a) letters of administration or letters of administration with the will annexed must be issued to that person, and
(b) so long as the person continues to act as administrator of the estate, this section does not apply to empower another person to administer the same estate.
(5) The bond which a person to whom administration is granted under this section would otherwise be required to enter into under section 16 (1) may be entered into with the sureties the registrar thinks fit.
(6) The registrar may dispense with a bond if
(a) it is sworn that there are no debts for which the estate is or may be liable or that the administrator is the beneficiary, or
(b) all parties who are or may be beneficially interested in the estate consent to this in writing.
(7) The provisions of section 112 applicable to the court apply to a registrar acting under this section.
Part 3 — Revocation and Renunciation
21 (1) This section applies if, 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.
(2) The court in which the proceedings are pending may, after revocation, order that
(a) 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
(b) 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.
22 (1) If a probate or administration is revoked, all payments made in good faith to an executor or administrator under the probate or administration before revocation are a legal discharge to the person making them.
(2) The executor or administrator who has acted under a revoked probate or administration may retain and reimburse himself or herself for any payments that
(a) were made by the executor or administrator, and
(b) might have been lawfully made by the person to whom probate or administration is afterwards granted.
23 All persons in good faith making or permitting to be made a payment or transfer on a probate or letters of administration granted in respect of the estate of a deceased person must be indemnified and protected in so doing, despite a defect or irregularity affecting the validity of the probate or letters of administration.
24 (1) If a person renounces probate of the will of which the person is appointed executor, the rights of the person in respect of the executorship wholly cease.
(2) In the circumstances referred to in subsection (1), the representation to the testator and the administration of the testator's estate must and may, without any further renunciation, devolve as if the person had not been appointed executor.
25 (1) If
(a) an executor appointed in a will survives the testator and dies without having taken probate, or
(b) 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.
(2) In the circumstances referred to in subsection (1), the representation to and the administration of the testator's estate devolves, without formal renunciation, as if that person had not been appointed executor.
Part 4 — Discharge of Personal Representatives
26 In sections 27 to 32, "personal representative" includes, if a personal representative is also a trustee of the estate or part of the estate under administration, the personal representative and trustee.
27 (1) A personal representative of a deceased person may at any time apply to the court to be discharged from office, whether as personal representative alone or as personal representative and trustee.
(2) A personal representative may make an application under subsection (1)
(a) whether the person has been appointed executor under a will or administrator by the court,
(b) either alone or jointly with another person,
(c) either before or after a grant of letters probate or letters of administration,
(d) whether the personal representative is a trustee of the estate or part of it or not, and
(e) 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 the personal representative or not.
28 (1) An application under section 27 may be made without notice to other persons, 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.
(2) On the hearing of the application, if the court thinks it expedient, the court may
(a) give directions as to the parties to be served with a notice of the further hearing of the application,
(b) direct the manner of giving the notice, whether personally or by way of substituted service or by any manner of service, outside British Columbia or otherwise,
(c) limit of time of the notice, and
(d) adjourn the hearing of the application.
29 (1) This section applies if
(a) the accounts of the personal representative applying for discharge have been passed under section 99 of the Trustee Act, and the court is satisfied that no further passing of accounts is necessary, or
(b) all parties agree.
(2) On a person or trust company being appointed under this Part in the place of the personal representative applying for discharge, and on compliance with section 31, the personal representative applying for discharge is, on the order of the court to that effect, discharged as personal representative.
(3) A person discharged under subsection (2) is released from all actions, claims and demands for or concerning his or her office as personal representative, 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.
(4) The production of an office copy of the order discharging the personal representative and approving of the passing of the accounts of that personal representative is, except as stated above, an absolute bar to any such action, claim or demand.
30 (1) On granting the discharge of the personal representative applying for discharge, the court
(a) must 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
(b) may also appoint that other person or trust company to be a trustee in the place of the personal representative being discharged, if the person or trust company is a trustee in which trusts are vested.
(2) An appointment under subsection (1) is not required if
(a) the administration of the estate is completed, or
(b) the court considers for any other reason that a new personal representative is unnecessary.
(3) If a person other than a trust company is appointed by an order under subsection (1), the court must establish the security to be given by the person, and the appointment must not take effect until security is given in accordance with the order.
31 (1) The personal representative applying for discharge must execute any assurance or deed or do any thing required for vesting the estate or part of it in a person or trust company appointed under this Part in the place of that personal representative, whether the vesting is in the person or trust company alone, or jointly with a personal representative continuing to act under a former appointment.
(2) For the purpose of an act relating to the registration of title to land, the personal representative applying for discharge is deemed to convey under a power conferred by this Act.
32 A person or trust company appointed under this Part in the place of a personal representative applying for discharge
(a) 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
(b) must 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.
Part 5 — Official Administrators
33 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.
34 (1) The Lieutenant Governor in Council may appoint the Public Guardian and Trustee or another person to act as official administrator for all of British Columbia or for a part of British Columbia specified in the appointment.
(2) Each official administrator is a corporation sole with an official seal and having the rights, powers, duties and liabilities relating to an official administrator.
(3) If 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.
35 (1) An official administrator may appoint one or more deputy official administrators and must 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 British Columbia within which a deputy official administrator may exercise powers and perform duties to a smaller area than the area for which the official administrator is appointed.
(3) In addition to the powers conferred under subsection (1), if there is a vacancy in the office of the official administrator, a deputy official administrator has 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 that the deputy purportedly exercises in accordance with this section is deemed in the absence of proof to the contrary to have been properly and validly exercised.
36 An official administrator may delegate to any person a power, duty or function conferred or imposed on the official administrator by an enactment.
37 Before entering on the duties of office, a person appointed as official administrator must provide security, in the amount, manner and form the Lieutenant Governor in Council directs, for
(a) the due performance of the duties of office, and
(b) the due accounting for and payment of all money that comes into the person's possession or control by virtue of the office and employment.
38 (1) If an official administrator dies, resigns or is removed,
(a) the person's successor in office, immediately on appointment and by virtue of it, becomes administrator of the estate of every deceased person that has been left unadministered by the former official administrator,
(b) all the estate vested in the former official administrator vests in the successor immediately on the successor's appointment to the office, and
(c) immediately on appointment and by virtue of it, the successor 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 former official administrator relating to an estate administered by the former official administrator or to the office of official administrator.
(2) If a deputy official administrator dies, resigns or is removed,
(a) the official administrator for which the deputy official administrator acted immediately becomes administrator of the estate of every deceased person that has been left unadministered by the deputy official administrator,
(b) the estate vested in the former deputy official administrator vests in the official administrator immediately on the death, resignation or removal of the deputy official administrator, and
(c) 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 the deputy or to the office of deputy official administrator.
(3) On request in writing of the Attorney General, an executor or administrator of the estate of a deceased official administrator or deputy official administrator and an official administrator or deputy official administrator who resigns or is removed must promptly deliver over to the successor or the official administrator, or to another person the Attorney General may appoint to receive them, all books, accounts, letters, papers and documents of every description in the person's possession or under the person's control that relate to an estate administered by the official administrator or deputy official administrator or to that official's office.
39 (1) If the official administrator
(a) neglects or refuses to do an act in relation to the estate of a deceased person as administrator of it,
(b) neglects or refuses to do an act that, under this Act, the official administrator ought to do in relation to any estate, or
(c) does or threatens to do an act in breach of the person's duty as administrator,
a person interested as a creditor, spouse, next of kin, legatee, heir at law, devisee or otherwise in the estate may apply to the court out of which the grant of administration issued, on affidavit without notice to any other party, for a summons calling on the official administrator to show cause before the court why the administrator should not do or abstain from doing the act.
(2) An order under subsection (1) may be granted subject to conditions for giving security for costs the court may impose.
(3) On the return of the summons, the court may make an order on it as the court considers 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.
40 (1) This section applies if an official administrator receives information of the death of a person who
(a) had at the time of death the person's fixed place of residence in the part of British Columbia for which the official administrator is appointed to act, or
(b) had no fixed place of abode in or resided out of British Columbia, but had at the time of death real or personal estate in the part of British Columbia for which the official administrator is appointed to act.
(2) In the circumstances referred to in subsection (1), the official administrator may make an application to the court for a grant of administration of the estate of the deceased if
(a) the person died intestate as to the whole or a portion of the person's estate, or leaving a will, but without having appointed an executor willing and competent to take out letters probate, or
(b) the executor named by the deceased is resident outside British Columbia at the time of the death of the deceased.
(3) A grant of administration must not be made
(a) 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
(b) unless the court is satisfied that
(i) no official administrator for another part of British Columbia has received a grant of administration of the estate, and
(ii) the deceased has no relatives in British Columbia entitled to share in the distribution of the estate of the deceased and ready and competent to take out letters of administration.
41 (1) The official administrator may make application for administration of the estate of a deceased person if the surviving spouse, all the heirs and next of kin of the deceased person who are in British Columbia and are competent to take out letters of administration renounce or request that an administrator of the estate be appointed.
(2) Despite subsection (1), on the application of a person who has the consent of every heir who is competent to apply for administration of an estate, the court may appoint the applicant as administrator of the estate instead of the official administrator.
41.1 If the official administrator does not make an application under section 40 (2) or 41 (1), the court must not make an order appointing the official administrator as administrator of the estate, except with the prior written consent of the official administrator.
42 (1) If administration of an estate is granted to an official administrator, the official administrator
(a) is the administrator of the estate of the deceased in British Columbia,
(b) 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 the official administrator is appointed official administrator, but elsewhere in British Columbia.
(2) In the circumstances referred to in subsection (1), the official administrator
(a) must 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 the official administrator in his or her discretion believes advisable,
(b) 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 the official administrator in his or her discretion believes advisable,
(c) must not be held responsible for a loss that may happen to the property by reason of 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, may, in his or her discretion, mortgage all or a part of the property of the deceased.
(3) 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 or her discretion may decide.
43 The estate dealt with by a grant of administration to an official administrator 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.
48 If a person is entitled to receive money out of the fund standing at the credit of an estate administered by an official administrator,
(a) the official administrator appointed to administer the estate must certify to a voucher in favour of the person, and
(b) the Public Guardian and Trustee must promptly satisfy the claim out of the funds standing at the credit of the estate on which the claim is made.
49 (1) The share of a minor in the funds of an estate administered by an official administrator must be paid, on distribution of the estate, to the Public Guardian and Trustee in trust for the minor.
(2) Subsection (1) does not apply if the will of the deceased provides otherwise.
50 In administering an insolvent estate within the meaning of section 100, an official administrator must comply with Part 11.
51 (1) If an official administrator believes, after investigation as the official administrator considers necessary, that
(a) a person has died,
(b) the official administrator will be required to bring an application for letters of administration of the estate of the deceased person under section 40 or 41,
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 the official administrator were the administrator of the estate of the deceased person under a grant of letters of administration.
(2) This section does not relieve the official administrator from making application for a grant of letters of administration under section 40 or 41.
52 On winding up an estate in the official administrator's charge and handing over the property that may be in the official administrator's hands to the person or persons entitled to it, an official administrator has the same right to require a release and discharge as an administrator or another trustee has under the same circumstances.
53 (1) Despite the administration of an estate having 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.
(2) An application for a grant under subsection (1) must not 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.
(3) Immediately on the grant of probate or letters of administration, all the interests, powers, rights and duties of the official administrator in regard to the estate of the deceased person whose estate is affected by the grant cease, except the rights conferred by this subsection (4).
(4) 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, subject to
(a) this subsection and subsection (3), and
(b) 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.
54 (1) An official administrator is entitled to receive by way of remuneration a commission, according to a scale to be set 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.
(2) In addition to the commission to which the official administrator 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 set 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, if the person holding the office of official administrator is an employee within the meaning of the Public Service Act, the person must not receive a commission by way of remuneration under subsection (1) or (2).
(4) An official administrator referred to in subsection (3) must certify, for each estate administered by the person as official administrator, an amount equivalent to the commission and remuneration to which the person would otherwise be entitled under subsections (1) and (2), and that amount must then be paid from the money at the credit of the estate into the consolidated revenue fund for the use of the government.
(5) Nothing in this section authorizes an official administrator to deduct a commission or allowance before paying the money to the Public Guardian and Trustee.
Part 6 — Proof of Wills in Solemn Form
56 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.
Part 7 — Powers, Duties and Liabilities of Executors and Administrators
57 If
(a) a testator by will devises land to executors named in it on trust for sale, and
(b) 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.
58 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 the testator or the deceased intestate would have if living.
59 (1) This section and sections 60 and 61 do not apply
(a) in respect to an action of libel or slander, or
(b) in respect of loss or damage that occurred before March 29, 1934.
(2) Subject to subsection (3), 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 (6).
(3) Recovery in an action under subsection (2) must not extend to the following:
(a) damages in respect of physical disfigurement or pain or suffering caused to the deceased;
(b) if death results from the injuries, damages for the death, or for the loss of expectation of life, unless the death occurred before February 12, 1942;
(c) damages in respect of expectancy of earnings after the death of the deceased that might have been sustained if the deceased had not died.
(4) The damages recovered in an action under subsection (2) form part of the personal estate of the deceased, but nothing in this section, section 60 or 61 derogates from any rights conferred by the Family Compensation Act.
(5) In an action under subsection (2), in addition to the remedies to which the deceased would if living be entitled, 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.
(6) If a person alleges that the person has suffered loss or damage by the fault of another and the person alleged to be at fault dies, the person wronged may
(a) continue against the executor or administrator of the deceased any action on that account pending against the deceased at the time of the deceased's death, or
(b) within the time otherwise limited for the action, bring an action for the loss or damage, naming as defendant in it
(i) the executor or administrator of the estate of the deceased, or
(ii) the deceased.
(7) If the deceased is named as defendant, the action is valid despite the fact that the defendant is dead at the time the action is brought.
(8) Damages or costs, or both, recovered in an action under subsection (6) are payable out of the estate of the deceased person at fault.
(9) All proceedings had or taken in accordance with this section, section 60 or 61 bind the estate of the deceased person.
(10) This section, section 60 and section 61 are subject to section 10 of the Workers Compensation Act, and nothing in this section, section 60 or 61 prejudices or affects a right of action under section 103 of that Act or the Family Compensation Act.
60 (1) This section applies to an action commenced under section 59 (6) (b) (ii).
(2) If probate or letters of administration of the estate of the person alleged to be at fault have been granted, the writ of summons may be validly served on the executor or administrator, in which case,
(a) on proof of service being filed with the registrar of the court in the registry office in which the action was commenced, the registrar must 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
(b) the action must continue against the executor or administrator.
(3) On application of the plaintiff or the executor or administrator of the plaintiff and on the production of a certificate referred to in subsection (4), a court of competent jurisdiction may appoint a representative for the purposes of the action, to represent the estate of the deceased for all purposes of the action and to act as defendant.
(4) The certificate required by subsection (3) is a certificate that
(a) is issued by the district registrar of the Supreme Court at Victoria and dated not more than 30 days before the date on which the court hears the application under subsection (3), and
(b) certifies that no notice has been received that probate or letters of administration have been issued in British Columbia in respect of the estate of the deceased person alleged to be at fault within 90 days after the person's death.
(5) If a representative for the purposes of an action is appointed under subsection (3), the writ of summons in the action must be served on that representative.
(6) On being served with the order of appointment under subsection (3) and the writ of summons, the person appointed must file a notice with the district registrar of the Supreme Court at Victoria that he or she has been appointed as representative for the purposes of the action.
(7) If an executor or administrator is appointed in British Columbia in respect of the estate of the deceased person alleged to be at fault, the district registrar of the Supreme Court at Victoria must immediately notify the representative for the purposes of the action of the appointment of the executor or administrator.
(8) If notice is given under subsection (7),
(a) on receipt of the notice, the representative for the purposes of the action must file the notice with the registrar of the court in which the action was commenced,
(b) the registrar of that court must amend the style of cause in the action to substitute the executor or administrator as the defendant in the place of the representative for the purposes of the action and must notify the plaintiff and the executor or administrator appointed, and
(c) the appointment of the representative for the purposes of the action is then terminated and the executor or administrator appointed has sole conduct of the defence of the action.
(9) All proceedings had or taken against a representative for the purposes of an action appointed under this section bind the estate of the deceased, despite any previous 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 bind the estate of the deceased person.
61 (1) This section applies if
(a) at the time of the loss or damage in relation to which an action is continued or brought under section 59 (6), the person who committed the wrong was insured against liability for loss or damage in respect of it by a vehicle liability policy within the meaning of the Insurance (Vehicle) Act, and
(b) the person wronged or the executor or administrator of that person recovers a judgment in the action.
(2) Despite the terms of the vehicle liability policy or the provisions of any law or statute to the contrary,
(a) the liability of the insurer under the policy extends to the wrong, and
(b) 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 the person wronged and the insured person who committed the wrong were alive and the action had been brought or continued against the insured.
(3) 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 section that the insurer would not otherwise be liable to pay.
62 (1) 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.
(2) 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 must be made
(a) within 6 calendar months after the determination of the term or lease, and
(b) during the continuance of the possession of the tenant from whom the arrears are due.
(3) All the provisions in the statutes relating to distress for rent are applicable to the distress made under subsection (2).
63 An executor or 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 the testator's lifetime, in the same manner as the testator could, if living, have brought and maintained the action.
64 An executor of a testator who was an executor has all the powers, rights, rights of action and liabilities of that immediate testator in regard to the estates and effects of the first testator.
65 (1) An executor may
(a) pay or allow any debt or claim on any evidence that the executor thinks sufficient,
(b) accept a composition, or a security, real or personal, for a debt due to the deceased,
(c) allow any time for payment of a debt due to the deceased as the executor thinks fit, and
(d) compromise, compound or submit to arbitration all debts, accounts, claims and things relating to the estate of the deceased.
(2) For any of the purposes referred to in subsection (1), an executor may enter into, give and execute agreements, instruments of composition, releases and other things the executor thinks expedient, without being responsible for a loss to be occasioned by them.
66 (1) This section applies if an executor or administrator gives notice in accordance with subsection (2) to
(a) a creditor or person of whose claim against the estate the executor or administrator has notice, or
(b) the attorney or agent of the creditor or person.
(2) The notice must
(a) be in writing,
(b) give notice that the executor or administrator rejects or disputes the claim, and
(c) refer to this section and give notice of the intention of the executor or administrator to take advantage of it.
(3) If notice is given in accordance with this section, the claimant must commence the claimant's action in respect of the claim whichever of the following is applicable:
(a) within 6 months after the notice is given, if the debt or a part of it is due at the time of the notice;
(b) 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.
(4) If the claimant's action is not commenced within the applicable time under subsection (3), the claim is forever barred.
(5) Subsection (4) does not bar a claim by a beneficiary of the estate with respect to a claim by the beneficiary against the estate in the person's capacity as a beneficiary.