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Estate Administration

BC

This publication guides practitioners acting for executors and administrators in estate law matters in British Columbia.

2 Matter Plans

Overview

The publication comprises 2 guides assisting practitioners with obtaining a grant of probate or administration. The commentaries cover obtaining a grant, collecting assets, and distributing the estate in accordance with the will or on intestacy.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client engagement documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • Letters to the executor or administrator and beneficiaries at various stages;
  • Libraries of letters to asset holders – initial and final;
  • Letters and forms for executor or administrator compensation;
  • Deeds of release and immunity;
  • Deeds of family arrangement;
  • Statement of assets, liabilities, and distribution;
  • Letter to beneficiaries with distribution;
  • Final letters to executor or administrator – concise and extensive.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Probate (BC)
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Remote Witnessing
    • Item icon Further information
  • Item icon Overview
    A grant is proof of a person’s legal authority to administer the estate of a deceased person. A grant of probate is issued to a person who is appointed as an executor under a valid will. It is proof of the legal authority to deal with the estate, but not the source, as the will is the authority: ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Estate administration
    • Item icon To do list - Probate
    • Item icon First steps
    • Item icon Client details, verification, and source of funds
    • Item icon Retainer instructions - Estate administration
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing retainer agreement
    • Item icon Retainer agreement - British Columbia
    • Item icon Scope of work - Estate administration
    • Item icon Enclosure - Information sheet - Estate administration
    • Folder icon If required - Authority to previous lawyer
      • Item icon Letter to previous lawyer with authority to obtain documents
      • Item icon Authority to obtain documents from previous lawyer
    • Folder icon If required - Application for a death certificate
      • Item icon B.C. Vital Statistics Online Certificate Ordering System - Vital Statistics Agency - Online Services
      • Item icon Paper Application for Death Certificate or Registration Photocopy/Extract - Vital Statistics Agency
      • Item icon Letter to Vital Statistics with application for a death certificate
    • Item icon Time and costs estimates
    • Folder icon If required - Costs disclosure update and a non-engagement letter
      • Item icon Letter to client updating costs disclosure
      • Item icon Non-engagement letter
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Confidentiality deed
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
      • Item icon Standard annexure note for documents
  • Folder icon B. Preliminary matters including executors, beneficiaries, and notice of dispute
    • Item icon Client engagement
      When the firm acts for multiple executors, the firm cannot continue to act when there is a material conflict of interest. To avoid any conflict, clarifying that the firm acts for the executor and not the beneficiaries avoids the beneficiaries later claiming a lack of legal advice they expected the ...

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    • Item icon The deceased
      Remains and funeral wishes Section 5 of the Cremation, Interment and Funeral Services Act [SBC 2004] Chapter 35 sets out who has control over the remains in the following priority:

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    • Item icon Funeral and other expenses
      Funeral expenses The deceased’s bank may allow funds to be withdrawn from the estate before a grant is obtained to pay funeral expenses. If not, the funeral expenses will be borne by another person and claimed as an estate debt.

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    • Item icon Executors
      An executor is a person appointed by the testator in their will to administer their estate. The executor does not require a grant of probate unless dealing with real property interests or required by a third party to confirm the executor’s authority and give a good release.

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    • Folder icon If required - Renunciation
      • Item icon Renunciation and application to be discharged
        If a person appointed in a will as an executor is unwilling or unable to apply for a grant, they sign a Notice of Renunciation, form P17, which is filed with the application as proof of the named executor’s wish not to act as executor of the will: r 25-1(4) of the Supreme Court Civil ...

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      • Item icon Letter to person renouncing with renunciation
      • Item icon Notice of Renunciation
    • Item icon Beneficiaries
      A beneficiary is a person or entity to whom a gift is made by will. However, for the named person to be a beneficiary, both the will and the bequest must be valid. It is incumbent on an executor to establish the will’s validity and then administer the estate according to its terms. The executor ...

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    • Folder icon Beneficiaries
      • Item icon Initial letter to beneficiary - Application for probate
      • Item icon Initial letter to beneficiary - Application by alternate executor
      • Item icon Statutory declaration
      • Item icon Clause - Statutory declaration of beneficiary - Identity in will
    • Item icon Estate taxes and pensions
      Estate taxes and duties

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    • Item icon The requirement for a grant of probate
      There is no general statutory requirement to obtain a grant of probate when the deceased’s will appoints an executor. Banks and financial institutions may not insist on an estate grant if the value of the property they hold for the deceased is less than $25,000. In these circumstances, they will ...

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    • Item icon Challenging the validity of a will
      Challenging a will questions its validity, whereas contesting a will questions the fairness of its provisions. Beneficiaries who do not have any issue with the validity of the will but feel that inadequate provision has been made for them in the will can claim greater provision under s 60 of ...

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    • Folder icon If required - Notice of dispute
      • Item icon Objecting to an application for a grant
        A person can notify the court of a proposed challenge by filing a Notice of Dispute in form P29 before a grant is issued. This ensures that the disputant is notified and can approach the court before the court issues an estate grant. A Notice of Dispute can be filed by:

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      • Item icon Letter to disputant's lawyer for details
      • Item icon Letter to client regarding the notice of dispute
      • Item icon Notice of Dispute
      • Item icon Withdrawal of Notice of Dispute
  • Folder icon C. Gathering information
    • Item icon Application for Search of Wills Notice
    • Item icon Letter to Vital Statistics with Application for Search of Wills Notice
    • Folder icon Library of initial letters to asset holders
      • Item icon Initial letter to bank
      • Item icon Initial letter to corporation for debenture particulars
      • Item icon Initial letter to corporation or registry for share particulars
      • Item icon Initial letter to deceased's accountant
      • Item icon Initial letter to deceased's employer
      • Item icon Initial letter to health insurance company
      • Item icon Initial letter to insurance company requesting details of bonds
      • Item icon Initial letter to lender requesting mortgage details and transfer requirements
      • Item icon Initial letter to life insurance company for policy details
      • Item icon Initial letter to pension fund company
      • Item icon Initial letter to retirement home
      • Item icon Initial letter to stockbroker requesting portfolio details
      • Item icon Initial letter general cancellation of membership
    • Item icon Initial letter to creditor
    • Folder icon If required - Where the cause of death leads to compensation
      • Item icon Cause of death claims
        The cause of death may give rise to compensation or damages, for example, if death resulted from a motor vehicle or work accident.

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      • Item icon WorkSafeBC - Benefits for families
  • Folder icon D. Application for a grant of probate
    • Item icon Filing and probate fee
      On filing the application, a court filing fee of $200 is payable for estates with a value over $25,000. After filing the application, the registry will assess the probate fees payable on the estate as is set out in s 2 of the Probate Fee Act 1999. No fee is payable where the value of the ...

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    • Item icon Application for a grant of probate
      Before applying for a grant of probate, the applicant must confirm that no other application or Notice of Dispute has been filed. The applicant must obtain a copy of the deceased’s death certificate, the will, and take inventory of the estate’s assets and liabilities. The value of the estate ...

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    • Folder icon Notice of application
      • Item icon Notice of intention to apply for a grant
        Before filing the application for a grant of probate a Notice of Proposed Application in Relation to Estate, form P1, and a copy of the will, must be served on all people with interest in the estate in accordance with r 25-2(2) of the Supreme Court Civil Rules 2009. See also s 121 of ...

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      • Item icon Notice of Proposed Application in Relation to Estate
      • Item icon Letter to beneficiaries giving notice of application
    • Item icon Submissions for Estate Grant
    • Item icon Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed (Short)
    • Item icon Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed (Long)
    • Item icon Affidavit of Assets and Liabilities for Domiciled Estate Grant
    • Item icon Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant
    • Item icon Affidavit of Delivery
    • Item icon Will cover sheet
    • Folder icon Library of less common forms and affidavits
      • Item icon Affidavit in Support of Application for Estate Grant
      • Item icon Affidavit in Support of Application to Pass Accounts
      • Item icon Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant
      • Item icon Affidavit of Deemed Renunciation
      • Item icon Affidavit of Electronic Will
      • Item icon Affidavit of Translator
      • Item icon Answer to Citation
      • Item icon Authorization to Obtain Estate Information
      • Item icon Citation
      • Item icon Notice of Application (Spousal Home or Deficiencies in Will)
      • Item icon Notice of Renunciation
      • Item icon Notice of Withdrawal of Application
      • Item icon Petition to the Court - Estate Proceedings
      • Item icon Supplemental Affidavit of Assets and Liabilities for Domiciled Estate Grant
      • Item icon Supplemental Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant
    • Item icon Letter to court enclosing application for grant of probate
    • Item icon Letter to personal representative after grant issued
  • Folder icon E. If required - Reseal
    • Item icon Reseal
      An estate grant issued in another jurisdiction does not have any effect in British Columbia. For example, if the deceased had assets in British Columbia and Alberta, a grant of probate made in Alberta cannot be used to deal with the British Columbia assets. However, some third parties, such as ...

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    • Folder icon Notice of application
      • Item icon Notice of intention to apply for a grant
        Before filing the application for a grant of probate a Notice of Proposed Application in Relation to Estate, form P1, and a copy of the will, must be served on all people with interest in the estate in accordance with r 25-2(2) of the Supreme Court Civil Rules 2009. See also s 121 of ...

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      • Item icon Notice of Proposed Application in Relation to Estate
      • Item icon Letter to beneficiaries giving notice of application
    • Item icon Submission for Resealing
    • Item icon Affidavit of Applicant for Resealing of Grant of Probate or Grant of Administration with Will Annexed
    • Item icon Affidavit of Assets and Liabilities for Resealing
    • Item icon Affidavit in Support of Application for Resealing
    • Item icon Affidavit of Applicant for Ancillary Grant of Probate or Ancillary Grant of Administration with Will Annexed
    • Item icon Affidavit of Translator
    • Item icon Authorization to Obtain Resealing Information
    • Item icon Supplemental Affidavit of Assets and Liabilities for Resealing
    • Item icon Affidavit of Delivery
  • Folder icon F. If required - Application for executor compensation
    • Item icon Executor's compensation
      An executor is entitled to a fair and reasonable allowance for the care, pain, time spent, and trouble administering the estate: ss 88 and 90 of the Trustee Act 1996. The allowance can be determined in one of the following ways:

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    • Item icon Agreement to pay compensation
      In practice, the award of compensation is usually fixed in the will or by agreement between the executor and the interested beneficiaries. As the compensation payable to the executor is a testamentary expense, the interested beneficiaries are those entitled to the residue of the estate from which ...

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    • Item icon Application for compensation
      A request for compensation is usually made together with the application to pass the estate’s accounts. The executors will present the details of the estate’s accounts and administration to the beneficiaries, who will then approve the account and the executor’s compensation. If any beneficiary is a ...

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    • Item icon Letter to client advising they are entitled to claim compensation
    • Item icon Letter to beneficiary - Personal representative's claim for compensation
    • Item icon Passing accounts
      An executor is required to intermittently present the estate accounts to the beneficiaries for review and approval. The first account must be passed within two years from the date of the grant of probate if the accounts have not already been presented to and approved in writing by all ...

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    • Item icon Affidavit in Support of Application to Pass Accounts
  • Folder icon G. Dealing with assets and finalizing accounts
    • Item icon Dealing with assets and finalizing accounts
      Accounting The maintenance of a working draft of a statement of account using a spreadsheet enables the monitoring and updating of the status of trust statements, assets received, and liabilities paid.

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    • Folder icon Verification of identity
      • Item icon Verification of identity attestation
    • Folder icon Library of letters and forms - Finalizing estate accounts and property
      • Item icon General collection letter
      • Item icon General reminder letter
      • Item icon Letter to creditor paying account
      • Item icon Letter to retirement home for payment
      • Folder icon Bank
        • Item icon Letter to bank requesting account proceeds
        • Item icon Certificate of identity for bank withdrawal forms
      • Folder icon Real property
        • Item icon Property transfer tax
          Before the executors can sell or transfer title in real property, they must first transfer the title to themselves. Transfer of title to an executor is exempt from property transfer tax: s 14(3)(q) of the Property Transfer Tax Act [RSBC 1996] Chapter 378. Property transfer tax is not ...

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        • Item icon Capital gains tax
          Capital gains tax liability is assessed on the difference between an asset’s adjusted cost base and the sale price. The adjusted cost base depends on when the deceased acquired the asset as it is not only the purchase price but includes costs incurred because of the acquisition. For example, with ...

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        • Item icon Transfers of real property
          A survivorship application is used to transfer any jointly owned property to the surviving owner. See the BC LTSA guide: Transmission to Surviving Joint Tenant – Fee Simple. Property owned solely by the deceased or tenants in common may need to be transferred into the executors’ names by ...

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        • Item icon myLTSA - Web filing Form 17 survivorship or transmission
        • Item icon LTSA - Electronic Form 17 - Help Guide
      • Folder icon Insurance, pension and savings plans
        • Item icon Letter to deceased's insurer for payment
        • Item icon Letter to health insurance company for payment
        • Item icon Letter to Service Canada enclosing application for survivor benefits
        • Item icon Application for CPP Death Benefit
        • Item icon Application for Canada Pension Plan Survivor's Pension and Child(ren's) Benefits - Service Canada
        • Item icon Statutory Declaration of Common-law Union - Service Canada
        • Item icon Letter to pension or retirement savings plan on transmission
        • Item icon Letter to home insurance company cancelling home insurance
      • Folder icon Shares
        • Item icon Letter to corporation regarding debenture transmission
        • Item icon Letter to corporation regarding shares transmission
        • Item icon Example content - Affidavit of transmission
        • Item icon Transmission application - Corporation shares for deceased matters
        • Item icon Transfer of shares
    • Folder icon If required - Deeds of family arrangement
      • Item icon Deed of family arrangement
      • Item icon Deed of family arrangement - Life tenant and remainderman
    • Item icon Letter to client advising asset sold
  • Folder icon H. Distribution
    • Item icon Payment of debts
      Generally, all the deceased’s property is available to pay the estate’s debts, including funeral costs and other testamentary expenses. The executor must not unnecessarily diminish the estate by paying claims they are not bound to pay and should try to preserve specific bequests.

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    • Item icon Estate professional fees
      A practitioner can be part of the administration of an estate in two ways, as an executor and as an estate lawyer. Where a practitioner is an executor only, the practitioner’s compensation is calculated the same way as those of other trustees as set out in s 88 of the Trustee Act 1996. A ...

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    • Folder icon If required - Notice to creditors
      • Item icon Notice to creditors
        Publishing a creditor’s notice before distributing the estate’s assets will ensure that the executor is not liable for any claims not received at the time of the distribution: s 154 of the Wills, Estates and Succession Act 2009. The Notice to Creditors is published in the British ...

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      • Item icon Notice to creditors
    • Folder icon If required - Deeds of release and indemnity
      • Item icon Deed of release and indemnity - No estate grant
      • Item icon Deed of release and indemnity - Distribution without notice of claims
      • Item icon Deed of release and indemnity - Distribution with notice of claims
      • Item icon Deed of release and indemnity - Executor's compensation
    • Item icon Distribution
      Payment of debts Generally, all the deceased’s property is available to pay the estate’s debts, including funeral costs and other testamentary expenses.

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    • Folder icon If required - Interim distribution
      • Item icon Interim distribution
        It may be appropriate for an executor to make an interim distribution to the beneficiaries of part of their entitlement. If it becomes necessary to seek a court order, any person interested in the estate may apply for an interim distribution under s 155. The court can exercise its discretion ...

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      • Item icon Letter to beneficiary on interim distribution enclosing statement for approval
      • Item icon Statement of assets, liabilities and distribution
    • Folder icon Distribution prior to the expiration of notice to creditors
      • Item icon Letter to personal representative with final accounts and distribution - Prior to expiration of the notice to creditors
      • Item icon Letter to beneficiary on distribution - Prior to expiration of the notice to creditors
      • Item icon Statement of assets, liabilities and distribution
    • Folder icon Distribution after notice to creditors
      • Item icon Letter to client with final accounts and distribution - After the notice to creditors
      • Item icon Statement of assets, liabilities and distribution
      • Item icon Letter to beneficiary enclosing specific bequest
      • Item icon Letter to beneficiary with distribution of residue
    • Item icon Accounts
      Keeping proper accounts Executors must keep proper accounts to provide clear and accurate information to the beneficiaries: s 142(2)(b) of the Wills, Estates and Succession Act 2009. What is proper will depend on the nature of the estate. The minimum obligations imposed are to:

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  • Folder icon I. Finalizing the matter
    • Item icon Finalizing the matter
      Following the distribution of the estate, a final letter to the executor reporting on the matter and enclosing their documents should be sent to finalize the matter. If the firm is not acting on the administration, after obtaining the grant of probate, the documents and a letter reporting can be ...

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    • Item icon Letter to client finalizing the matter - Concise
    • Item icon Letter to client finalizing the matter - Extensive
    • Item icon Invoice recital - Estate administration
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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