Sometimes the executor or administrator of an estate cannot act
immediately. For example, the probate process may be
stalled. In such a situation, it may nevertheless be
necessary to take steps to preserve estate assets.
Section 103 of the Wills, Estates and Succession Act
("WESA") expands the scope for
the administration of an estate while legal proceedings are
ongoing. The Court has the jurisdiction under s. 103 of
WESA to appoint a temporary administrator of an estate
even if the estate is not in litigation. For example, a
temporary administrator can be appointed while the grant of probate
is being processed, which can sometimes take many months.
The key addition to the legislation is the language
"pending a proceeding":
Administration pending legal proceedings
103 (1) The court may appoint a person as
the administrator of the estate of a deceased person
pending a proceeding
(a) in which the validity of the will of the deceased person is
in issue, or
(b) to obtain or revoke a representation grant.
A "proceeding" is defined very broadly in the
Supreme Court Civil Rules.
This is considerably different than the predecessor, s. 8 of the
Estate Administration Act, which includes the language
"pending an action":
Administration while legal proceedings
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."
An "action" refers only to a lawsuit, a proceeding
started by Notice of Civil Claim.
Estate administrators and practitioners should consider the
expanded scope of s. 103 of WESA. In a variety of
circumstances it can be used to hasten the administration of an
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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On March 31, 2014, BC's new Wills, Estates and Succession Act1 ("WESA") will come into force. WESA introduces new protections for beneficiaries of estates that are in danger of being disputed or deemed ineffective by a court.
It is not uncommon for parents to provide monetary gifts to their adult children. Parents may wish to help their child with a down payment on a property, or help pay out their child's existing mortgage.
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