British Columbia Probate Kit - Self-Counsel Press

1 British Columbia Probate KitMary-Jane WilsonSelf-Counsel Press (a division of)International Self-Counsel Press uSaCopyright 2015 by International Self-Counsel Press rights part of this book may be reproduced or transmitted in any form by any means graphic, electronic, or mechanical without permission in writing from the publisher, except by a reviewer who may quote brief passages in a review. Any request for photocopying, recording, taping, or information storage and retrieval systems of any part of this book shall be directed in writing to Access Copyright, the Canadian Copyright Licensing Agency. To contact them call 1-800-893-5777 (extension 235) or go to their website, , for more Press acknowledges the financial support of the Government of Canada through the Canada Book Fund (CBF) for our publishing edition: 2011; Reprinted: 2012 (2)Second edition: 2014 Third edition: 2014 Fourth edition: 2015 Printed in and Archives Canada Cataloguing in PublicationWilson, Mary-Jane, authorBritish Columbia Probate kit: everything you need to Probate or administer an estate / Mary-Jane Wilson.

2 4th edition.(Legal series)Includes a 978-1-77040-270-6 (paperback)1. Probate law and practice British Columbia Popular works. 2. Probate law and practice British Columbia Title. II. Series: Self-Counsel legal 2015 2 2015 Back cover photo by Karolina Turek Photography, used with Press (a division of)International Self-Counsel Press Ltd. North Vancouver, BC Bellingham. Wa Canada uSa iiiContentsIntroduction: An Overview of Probate and Administration xiii 1 British Columbia s New (WESA) 1 2 Personal Representatives 51. Executor 52. Administrator Grant of administration without will annexed Grant of administration with will annexed 83. Co-Executors and Co-Administrators 94. Executor and Administrator Fees and Costs 95.

3 Doing It Yourself versus Hiring a Lawyer 106. Deciding to Act 127. Insolvent Estates 14 3 Responsibilities of the Personal Representative 151. Dealing with the Remains and Funeral Arrangements 152. Locating the Will 173. Care and Management of Assets Prevent break-ins and theft Secure assets Locate vehicle insurance and vehicle registration Search for unclaimed bank accounts Business Financial institutions Mail 234. Guardianship of Minors 235. Pets 24iv British Columbia Probate Kit6. Dealing with Liabilities Review lease or rental agreements 247. Cancellations and Notifications Cancel the passport Cancel the Social Insurance Number (SIN) Medical Services Plan (MSP) Notify the Credit Bureaus Utilities and other services 268. Accounting 269. Expenses 2710. Small Estates 27 4 Preparing to Make an Application for an Estate Grant 291. Reviewing the Will 292.

4 Information Gathering 313. Income Tax Returns 334. Canada Pension Plan (CPP) and Old Age Security (OAS) Canada Pension Plan (CPP) death benefit Survivor s pension 355. GST/PST Credit 356. Life Insurance 357. RRSPs, RRIFs, and TFSAs 368. Property Passing outside the Deceased s Estate 369. Salary 3710. Intestacy Devolution of property Intestate succession Parentelic Distribution Children Intestate successors you cannot find 4211. Bonding/Security 43 5 Application for Grant of Probate 451. Certificate of Search of Wills Notice 472. Notice of Proposed Application in Relation to Estate (Form P1) 47 Contents v3. Submission for Estate Grant (Form P2) 524 Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed (Form P3 for a simple estate; P4 for a complex estate) 635. Affidavit of Delivery (Form P9) 796. Affidavit in Support of Application for Estate Grant (Form P8) 857.

5 Notice of Renunciation (Form P17) 858. Affidavit of Assets and Liabilities for Domiciled Estate Grant (Form P10) and Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant (Form P11) (Disclosure Statement) 889. Additional Affidavits 9310. Requisition (Form 17) 95 6 Application for Grant of Administration without Will Annexed 971. Certificate of Search of Wills Notice 1002. Notice of Proposed Application in Relation to Estate (Form P1) 1003. Submission for Estate Grant (Form P2) 1054. Affidavit of Applicant for Grant of Administration without Will Annexed (Form P5) 1155. Affidavit of Delivery (Form P9) 1186. Affidavit in Support of Application for Estate Grant (Form P8) 1227. Affidavit of Assets and Liabilities for Domiciled Estate Grant (Form P10) and Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant (Form P11) (Disclosure Statement) 1228.

6 Additional Documents 1259. Requisition (Form 17) 13010. Security 130 7 Application for Grant of Administration with Will Annexed 1331. Certificate of Search of Wills Notice 1362. Notice of Proposed Application in Relation to Estate (Form P1) 1363. Submission for Estate Grant (Form P2) 138vi British Columbia Probate Kit4. Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed (Form P3 for a simple estate; Form P4 for a more complex estate) 1435. Affidavit of Delivery (Form P9) 1566. Affidavit in Support of Application for Estate Grant (Form P8) 1747. Notice of Renunciation (Form P17) 1748. Affidavit of Assets and Liabilities for Domiciled Estate Grant (Form P10) and Affidavit of Assets and Liabilities for Non-Domiciled Estate Grant (Form P11) (Disclosure Statement) 1749. Additional Affidavits 18210. Requisition (Form 17) 18211. Security 184 8 Disclosure Statement for Executors and Administrators 1871.

7 Part I: Real Property 1882. Part II: Personal Property 1903. Part III: Liabilities 193 9 Filing the Documents 1971. Swearing/Affirming the Affidavits 1982. Submitting the Documents 1983. Fees 1994. Issuance of the Estate Grant 199 1 0 Creditors 2031. Advertising for Creditors 204 11 Taxes 207 1 2 Distribution of Estate and Transfer of Assets 2091. Distribution of the Estate How contesting the will can affect distribution 2122. Transferring Assets Real property 213 1 3 Official Administrator 217 Glossary 219 Contents viiSamples 1 Application for Search of Wills Notice 20 2 Notice of Proposed Application in Relation to Estate (Form P1) 48 3 Submission for Estate Grant (Form P2) 54 4 Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed Short Form (Form P3) 64 5 Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed Long Form (Form P4) 67 6 Affidavit of Delivery (Form P9) 80 7 List of Heirs-at-Law and Their Addresses and Persons Served 84 8 Affidavit in Support of Application for Estate Grant (Form P8) 86 9 Notice of Renunciation (Form P17) 87 10 Affidavit of Assets and Liabilities for Domiciled Estate Grant (Form P10) 89 11 Affidavit of Plight and Condition (Form 109) 94 12 Requisition (Form 17)

8 96 13 Notice of Proposed Application in Relation to Estate (Form P1) (Administration No Will) 101 14 Submission for Estate Grant (Form P2) (Administration No Will) 106 15 Affidavit of Applicant for Grant of Administration without Will Annexed (Form P5) (Administration No Will) 116 16 Affidavit of Delivery (Form P9) (Administration No Will) 119 17 List of Heirs-at-Law and Their Addresses and Persons Served 12318 Affidavit in Support of Application for Estate Grant (Form P8) (Administration No Will) 12419 Affidavit of Assets and Liabilities for Domiciled Estate Grant (Form P10) (Administration No Will) 12620 Requisition (Form 17) (Administration No Will) 131viii British Columbia Probate Kit21 Notice of Proposed Application in Relation to Estate (Form P1) (Administration with Will Annexed) 13922 Submission for Estate Grant (Form P2) (Administration with Will Annexed) 14423 Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed Short Form (Form P3) 15724 Affidavit of Applicant for Grant of Probate or Grant of Administration with Will Annexed Long Form (Form P4) 16025 Affidavit of Delivery (Form P9) (Administration with Will Annexed) 16926 List of Heirs-at-Law and Their Addresses and Persons Served 17327 Affidavit in Support of Application for Estate Grant (Form P8) (Administration with Will Annexed) 17528 Notice of Renunciation (Form P17) (Administration with Will Annexed) 17629 Affidavit of Assets and Liabilities for Domiciled Estate Grant (Form P10) (Administration with Will Annexed) 17830 Affidavit of Plight and Condition (Form 109) (Administration with Will Annexed) 18331 Requisition (Form 17) (Administration with Will Annexed)

9 18532 Statement of Assets, Liabilities, and Distribution (Disclosure Statement) 194 Tables 1 Table of Consanguinity 40 2 Intestate Succession 41 3 Parentelic Distribution 43 ixLaws are constantly changing. Every effort is made to keep this pub-lication as current as possible. However, the author, the publisher, and the vendor of this book make no representations or warranties regarding the outcome or the use to which the information in this book is put and are not assuming any liability for any claims, losses, or damages arising out of the use of this book. The reader should not rely on the author or the publisher of this book for any professional advice. Please be sure that you have the most recent : The fees quoted in this book are correct at the date of publication. However, fees are subject to change without notice. For current fees, please check with the court registry or appropriate gov-ernment office nearest , commissions, fees, and other costs mentioned in the text or shown in samples in this book probably do not reflect real costs where you live.

10 Inflation and other factors, including geography, can cause the costs you might encounter to be much higher or even much lower than those we show. The dollar amounts shown are simply intended as representative links often expire or web pages move; at the time of this book s publication the links were current. Notice to Readersx British Columbia Probate KitNote: Laws change frequently or without notice so the Probate and administration forms may be updated from time to time to en-sure compliance with laws and regulations. Please click the Check for Updates link on the CD that came with this book before you proceed to see if there is anything new of which you should be aware. xiI wish to acknowledge the following people who assisted me in the preparation of this , I must thank my husband, Tony Wilson, as he made the appropriate introductions, and without him I would not have had the opportunity to write this book.