148/2013

O.C. 190/2013

March 28, 2013

March 31, 2014

Wills, Estates and Succession Act

Wills, Estates and Succession Regulation

General

Definition

In this regulation, Act means the Wills, Estates and

Succession Act .

Prescribed taxes

The prescribed taxes for the purposes of

section 32 (b)

[occupancy costs of spousal home] of the Act are taxes on capital gains

associated with the spousal home.

Prescribed jurisdictions

The prescribed jurisdictions for the purposes of

section 138 (1)

[resealing foreign grant and ancillary grants] of the Act are the

following:

any member of the British Commonwealth of Nations;

any of the states of the United States of America;

Hong Kong (Special Administration Region of China).

Prescribed amount

The prescribed amount for the purposes of

section 158 (3) (e)

[application to remove or pass over personal representative] of the Act is

$10 000.

Prescribed rate

The prescribed rate for the purposes of

section 171 (2)

[provable debts] of the Act is 5% per year.

Wills Notices

Filing wills search certificate in court registry

Where a certificate referred to in

section 77 (3)

[search of records] of the Act is required or used in support of an

application for a representation grant, the certificate must be filed in the court

registry in which the application for the representation grant is made.

Court registrar's duties in respect of wills search and

certificates

The district registrar at the court registry in which the application referred

to in

section

6 is made must keep the certificate of search on file in the court

registry.

If the certificate of search refers to a wills notice in respect of a will or

codicil bearing the same date as the will or codicil in respect of which a

representation grant is issued, the district registrar must

mark on a photocopy of the certificate of search the place and date of

issuance of the letters of administration with the will annexed or letters probate,

the wills notice number referred to on the certificate of search, the court registry

filing number and the date of the will or codicil that is the subject of the

representation grant, and

mail the photocopy to the chief executive officer.

Index of wills notices

The chief executor officer must maintain an "active" index of wills notices,

listing all notices filed under sections 73

[filing of notice of will] , 74 [filing of notice of

revocation] and 75 [filing notice of change of place of will]

of the Act, relating to wills of will-makers in respect of whom the chief executive

officer has not been notified of the issuance of a grant of letters of administration

with the will annexed or letters probate.

The chief executive officer must maintain an "inactive" index of wills notices,

listing all notices filed under sections 73 to 75 of the Act, relating to wills of will-makers in

respect of whom the chief executor officer has been notified of the issuance of a grant

of letters probate or letters of administration with the will annexed.

Transfers to "inactive" index

On receipt of a photocopy of a certificate of search marked as required by

section

7, the chief executor officer must transfer to the "inactive" index

information relating to all wills notices which are clearly identifiable as pertaining to

the will-maker on whose behalf the representation grant has been issued, after which the

chief executive officer may destroy the photocopy.

Wills searches

A search under

section 77 (1) or (2) of the Act must be limited to a search of the

"active" index referred to in

section 8 (1) unless the application for search

specifically requests that the search be made in the "inactive" index.

Certificates

A certificate under

section 77 (3) of the Act may be accompanied by an

abstract of information from each wills notice or by copies of the wills notices, or by a

combination of abstracts and copies.

Fees

The fees under Division 7

[Registration of Notice of Will] of

Part 4

[Wills] of the Act are the following:

under

section 73 or 74 of the Act, $17 for each notice filed;

under

section 75 of the Act,

$17 for each notice filed, or

$1 700 for 100 or more notices that are filed by a person at one

time,

whichever is less;

under

section 77 of the Act,

$20 for each search request submitted,

an additional $33 for each search request submitted when same day service is

requested and provided, and

iii

an additional $5 for each alias name recorded on the search request

form.

For fees in subsection (1), except in paragraphs (b) (ii) and (c)

(ii) and (iii), a further operator fee of $1.50, plus any tax imposed under

Part IX of

the Excise Tax Act (Canada) on the

operator fee, may be charged for any transaction done by electronic means from a

location outside a government office or at a government office by a person who is not a

government employee.

[Provisions relevant to the enactment of this regulation: Wills,

Estates and Succession Act , S.B.C. 2009, c. 13,

section

184]