BILL 9 – 2019
ATTORNEY GENERAL STATUTES
AMENDMENT ACT, 2019

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 – Family Law Act Amendments

1 Section 10 of the Family Law Act, S.B.C. 2011, c. 25, is amended by adding the following subsection:

(2.1) Subject to a court order, a family justice counsellor may grant to a person an exemption from a requirement to participate in all or part of a prescribed process.

2 Section 198 (5) is repealed and the following substituted:

(5) The running of the time limits set out in subsection (2) is suspended during any period in which persons are engaged in

(a) family dispute resolution with a family dispute resolution professional, or

(b) a prescribed process.

3 Section 215 is amended by adding the following subsections:

(3) The Provincial Court on application by a party may change, suspend or terminate an order, including an interim order, made by a decision maker who is

(a) appointed under the Provincial Court Act, and

(b) in a class of decision makers prescribed under this Act.

(4) For certainty, the Provincial Court may make an order under subsection (3) despite the following provisions:

(a) subsection (1);

(b) section 47 [changing, suspending or terminating orders respecting parenting arrangements];

(c) section 60 [changing, suspending or terminating orders respecting contact];

(d) section 152 (2) [changing, suspending or terminating orders respecting child support];

(e) section 167 (2) [changing, suspending or terminating orders respecting spousal support];

(f) section 216 (3) and (4) [court may make interim orders].

Part 2 – Wills, Estates and
Succession Act Amendments

4 Section 16 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, is amended by striking out "initiating pleading or petition" and substituting "initiating pleading".

5 Section 61 is amended by striking out "initiating pleading or petition" wherever it appears and substituting "initiating pleading".

6 Section 130 is amended by adding the following paragraph:

(e.1) a person, other than the spouse or child of the deceased person, nominated by an intestate successor of the deceased person if that person has the consent of the intestate successors representing a majority in interest of the estate, including the intestate successor who nominated the person to apply for a grant of administration; .

7 Section 131 is amended by adding the following paragraph:

(a.1) a person nominated by a beneficiary if that person has the consent of the beneficiaries representing a majority in interest of the estate, including the beneficiary who nominated the person to apply for a grant of administration with will annexed; .

8 Section 151 is amended

(a) by adding the following subsection:

(0.1) In this section, "specified person" means a beneficiary, an intestate successor or a person who may commence a proceeding claiming the benefit of Division 6 [Variation of Wills] of Part 4 [Wills]. ,

(b) in subsection (1) by striking out "a beneficiary or an intestate successor" and substituting "a specified person" and by striking out "commence proceedings in the name and on behalf of the personal representative" and substituting "commence proceedings in the name of the specified person and on behalf of the estate",

(c) by adding the following subsection:

(1.1) A specified person may apply for leave of the court under subsection (1) in the proceedings described in that subsection. ,

(d) in subsection (2) by striking out "A beneficiary or an intestate successor" and substituting "Despite section 136, a specified person" and by striking out "in the name and on behalf of the personal representative" and substituting "in the name of the specified person and on behalf of the estate",

(e) by adding the following subsection:

(2.1) A specified person may apply for leave of the court under subsection (2) in the proceeding described in that subsection. ,

(f) in subsection (3) (a) by striking out "beneficiary or intestate successor" and substituting "specified person",

(g) in subsection (3) (a) (ii) (B) by striking out "beneficiaries or intestate successors" and substituting "specified persons",

(h) in subsection (3) (b) by striking out "a beneficiary or an intestate successor" and substituting "a specified person", and

(i) in subsection (4) by striking out "a beneficiary, an intestate successor" and substituting "a specified person".

9 Section 152 (c) is amended by striking out "a reserve from the estate in an amount" and substituting "an amount".

10 Section 155 is amended

(a) by repealing subsection (1) and substituting the following:

(1) Subject to this section, the personal representative of a deceased person must not distribute the estate of the deceased person within the 210 days following the date of the issue of a representation grant except by order of the court. ,

(b) by adding the following subsections:

(1.1) The personal representative of a deceased person who died with a will may distribute the estate of the deceased person within the 210 days following the date of the issue of a representation grant with the consent of all of the following:

(a) all beneficiaries who have an interest in the estate;

(b) all persons who may commence a proceeding under Division 6 [Variation of Wills] of Part 4 [Wills] in relation to the estate.

(1.2) The personal representative of a deceased person who died without a will may distribute the estate of the deceased person within the 210 days following the date of the issue of a representation grant with the consent of all intestate successors entitled to a share of the estate.

(1.3) Despite subsections (1.1) and (1.2), the personal representative of a deceased person may distribute the estate of the deceased person without the consent of one or more persons whose consent would otherwise be required if the personal representative sets aside all of the following:

(a) all the specific gifts to beneficiaries who have not been located;

(b) a sum equal to the share of the residue of all beneficiaries who

(i) have an interest in the residue, and

(ii) have not been located;

(c) a sum equal to the share of the estate of all intestate successors who

(i) have an interest in the estate, and

(ii) have not been located;

(d) a sum equal to an amount sufficient to satisfy any claim under Division 6 [Variation of Wills] of Part 4 [Wills] in relation to the estate.

(1.4) A personal representative is liable for loss or damage to any person arising from a distribution of the estate of the deceased person under subsection (1.3) unless the personal representative demonstrates that the personal representative has done all of the following:

(a) set aside all the specific gifts referred to in subsection (1.3) (a);

(b) set aside the sums equal to the shares referred to in subsection (1.3) (b) and (c);

(c) determined and set aside a sum equal to the total amount sufficient to satisfy all claims referred to in subsection (1.3) (d), if those claims are successful. , and

(c) in subsection (3) by striking out "or" at the end of paragraph (a), by adding ", or" at the end of paragraph (b) and by adding the following paragraph:

(c) affects the ability to make a payment to a creditor.

 
Transitional Provisions

Wills, Estates and Succession Act transition
– priority among applicants – intestate estate

11  Section 130 of the Wills, Estates and Succession Act, as it read immediately before its amendment by this Act, continues to apply to an application for a grant of administration filed before the date this section comes into force.

Wills, Estates and Succession Act transition
– priority among applicants – administration with will annexed

12  Section 131 of the Wills, Estates and Succession Act, as it read immediately before its amendment by this Act, continues to apply to an application for a grant of administration with will annexed filed before the date this section comes into force.

Commencement

13  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: