WESA Definitions Under the Probate Rules

 

ProbateThere are so many new terms used in both the WESA Act and its Probate Rules ( 25-1) .

Perhaps more importantly, the definitions used in both the Act and the Rules often give rights and powers in and to them selves, such as the rules states who constitutes a party in respect of proceedings under the Rules of Part 25, to the extent that parties may now include persons who previously would not have been proper parties in non -estate proceedings.

RULE 25-1— DEFINITIONS

Definitions

(I) In this Part:

‘affidavit of assets and liabilities for estate grant” means an affidavit referred to in Rule 25-3(2)(g);

“affidavit of assets and liabilities for resealing” means an affidavit referred to in Rule 25-6(2)

“alternate executor” means a person who, under the terms of a will, is to become an executor if the
person named in the will as executor is unable or unwilling to act or continue to act in that
capacity;

“authorization to obtain estate information” means an authorization to obtain estate information
issued under Rule 25-4(1)(a);

“authorization to obtain resealing information” means an authorization to obtain resealing
information issued under Rule 25-7( I )(a);

“citor” means a person who serves a citation under Rule 25-11(1);

“deliver”, in relation to a person, means provide to the person by
(a) personal delivery,
(b) ordinary mail to the person’s residential or postal address, or
(c) e-mail, fax or other electronic means to the address provided by the person for that purpose;

“disputant” means a person who files a notice of dispute under Rule 25-10( I); “estate grant” means

(a) a grant of probate, whether the grant is made for general, special or limited purposes,
(b) a grant of administration, whether the grant is made for general, special or limited purposes, or
(c) an ancillary grant of probate or administration;

“executor” means

(a) a person named in a will as an executor, or
(b) if 2 or more persons are named in a will as an executor, each of those co-executors, unless that person has renounced executorship;

“renounce executorship” has the meaning set out in subrule (4) of this rule;

“solemn form” has the meaning set out in subrule (5) of this rule;

“submission for estate grant” means a submission for estate grant in Form P2;

“submission for resealing” means a submission for resealing in Form P2I;

“testamentary document” means a document that does one or both of the following:

(a) makes or purports to make a testamentary disposition other than
(i) a designation under Part 5 of the Wills, Estates and Succession Act, or (ii) a designation of a beneficiary under Part 3 or 4 of the Insurance Act;
(b) appoints or purports to appoint an executor of the estate of the maker of the
document,and, without limiting this, includes a will;

“wills notice” means a notice filed under section 73 of the Wills, Estates and Succession Act with the chief executive officer under the Vital Statistics Act.

There is now a prescribed form for Renunciation of Executor and a definition of when delivery has been effectively given.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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