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

1 Section 1 (1) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, is amended by adding the following definitions:

"Nisga'a citizen" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;

"Nisga'a Lands" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a law" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;

"Nisga'a Village Government" has the same meaning as in the Nisga'a Final Agreement;

"taxing treaty first nation" has the same meaning as in the Treaty First Nation Taxation Act; .

2 Section 1 (1) is amended in the definition of "nominee"

(a) in paragraph (a) by adding "granted power over financial affairs" after "Patients Property Act", and

(b) by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) (ii), and by adding the following paragraph:

(d) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development; .

3 Section 1 (1) is amended in the definition of "participant" by striking out "representative" and substituting "committee".

4 Section 1 (1) is amended in the definition of "small estate declaration" by striking out "prescribed form" and substituting "form as set out in the Supreme Court Civil Rules".

5 Section 1 (1) is amended in the definition of "spousal home"

(a) in paragraph (a) by adding ", owned or owned in common by the deceased person and not leased to another person," after "a parcel of land" and by striking out ", owned or jointly owned by the deceased person and not leased to another person",

(b) in paragraph (b) by striking out "jointly owned" and substituting "owned in common", and

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

(d) a parcel of land on Nisga'a Lands or treaty lands that has as improvements situated on it a building in which the deceased person and his or her spouse were ordinarily resident,

(i) owned or owned in common by the deceased person and not leased to another person,

(ii) held or held in common by the deceased person by way of a right to possession under Nisga'a law and not leased to another person, or

(iii) held or held in common by the deceased person by way of an interest under the laws of a treaty first nation and not leased to another person;

6 The heading to Division 3 of Part 2 is repealed and the following substituted:

Division 3 — Nisga'a Final Agreement and
First Nations' Final Agreements .

7 Section 12 is repealed.

8 Sections 13 (5), 14 (5), 106, 108, 109 (1) (a), 110 (1) (a), 121 (1) and (2), 122 (1) (b), 124 (1), 138 (2) (a) and (b), 141 (1) (a) and (b), 159 (2), 164 (3) (a), 181 (1) and (2) (a) and 182 (1) are amended by striking out "Rules of Court" and substituting "Supreme Court Civil Rules".

9 Section 16 is amended

(a) by striking out "An action" and substituting "A proceeding", and

(b) by striking out "writ of summons" and substituting "initiating pleading or petition".

10 Section 17 (1) and (2) is amended by striking out "Nisga'a government" and substituting "Nisga'a Lisims Government".

11 The following sections are added to Part 2:

Disposal of Nisga'a Lands in estate

18.1  (1) Subject to any applicable Nisga'a law, if a deceased person owns a parcel of land located on Nisga'a Lands or holds a right to possession under Nisga'a law of a parcel of land located on Nisga'a Lands and

(a) the deceased person dies leaving a will in which the deceased person makes a gift of the parcel of land or the right to possession of the parcel of land to a beneficiary who, under Nisga'a law, cannot acquire the parcel of land or the right to possession of the parcel of land by transfer, or

(b) the deceased person dies without leaving a will and the parcel of land would be distributed to a descendant under this Act who, under Nisga'a law, cannot acquire the parcel of land or the right to possession of the parcel of land by transfer,

the Nisga'a Lisims Government or a Nisga'a Village Government, after one year from the date of death of the deceased person, may apply to the court for an order establishing terms and conditions in respect of the disposition of the parcel of land or the right to possession of the parcel of land within one year after the date of the court order, unless the court extends the period of time within which the parcel of land or the right to possession of the parcel of land must be disposed of.

(2) If the Nisga'a Lisims Government or a Nisga'a Village Government makes an application under subsection (1), it must give notice to the personal representative of the deceased person or, if there is no personal representative, to every person who would be an intestate successor entitled to share in the estate if it were an intestate estate.

Disposal of land in treaty lands in estate

18.2  (1) Subject to any applicable laws of a treaty first nation, if a deceased person owns a parcel of land located on treaty lands or holds an interest under laws of a treaty first nation in a parcel of land located on treaty lands and

(a) the deceased person dies leaving a will in which the deceased person makes a gift of the parcel of land or the interest in the parcel of land to a beneficiary who, under the laws of the treaty first nation, cannot own or acquire the parcel of land or hold an interest in the parcel of land, or

(b) the deceased person dies without leaving a will and the parcel of land would be distributed to a descendant under this Act who, under the laws of the treaty first nation, cannot own or acquire the parcel of land or hold an interest in the parcel of land,

the treaty first nation, after one year from the date of death of the deceased person, may apply to the court for an order establishing terms and conditions in respect of the disposition of the parcel of land or the interest in the parcel of land within one year after the date of the court order, unless the court extends the period of time within which the parcel of land or the interest in the parcel of land must be disposed of.

(2) If the treaty first nation makes an application under subsection (1), it must give notice to the personal representative of the deceased person or, if there is no personal representative, to every person who would be an intestate successor entitled to share in the estate if it were an intestate estate.

No right to acquire Nisga'a Lands or treaty lands

18.3  Despite any other provision of this Act, a person, except for a person in the capacity of personal representative, does not acquire, under this Act,

(a) ownership or a right to possession under Nisga'a law of a parcel of land located on Nisga'a Lands, or

(b) ownership of or an interest under the laws of a treaty first nation in a parcel of land located on treaty lands,

if the person cannot acquire the ownership of the parcel of land or the right to possession of the parcel of land by transfer under Nisga'a law, or the person cannot own or acquire the parcel of land or hold an interest in the parcel of land under the laws of the treaty first nation.

12 Section 23 (2) (e) is amended

(a) in subparagraph (i) by adding "parent's" after "great-grandparents on one",

(b) in subparagraph (i) (A) by striking out "one share to the great-grandparents on that side" and substituting "one share to the great-grandparents on the one grandparent's side",

(c) in subparagraph (i) (B) by striking out "on the other side" and substituting "on the other grandparent's side", and

(d) by striking out "but if there is only a surviving great-grandparent or descendant of a great-grandparent on one parent's side or the other parent's side," and substituting "but if on that parent's side there is only a surviving great-grandparent or descendant of a great-grandparent on one grandparent's side,".

13 Section 24 is amended

(a) in subsections (1) and (2) by striking out "intestate" and substituting "person", and

(b) in subsection (3) by striking out "an intestate's parent" and substituting "a parent of the descendants".

14 Section 27 is amended by adding the following subsection:

(2.1) If the spousal home is located on Nisga'a Lands or treaty lands, the personal representative must, at the time an application for a representation grant is made, give notice of section 18.3 [no right to acquire NisØa'a Lands or treaty lands] to the surviving spouse in addition to the notice under subsection (1).

15 Section 29 (1) is amended by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:

(c) the Public Guardian and Trustee, if one or more of the descendants of the deceased person entitled to share in the intestate estate or that part of the estate that is to be treated as an intestate estate is a minor or a mentally incapable person without a nominee.

16 Section 30 is amended

(a) in subsection (3) by striking out everything after "unless" and substituting the following:

(a) the descendants entitled to share in the intestate estate or that part of the estate that is to be treated as an intestate estate, and

(b) the Public Guardian and Trustee, if one or more of the descendants of the deceased person entitled to share in the intestate estate or that part of the estate that is to be treated as an intestate estate is a minor or a mentally incapable person without a nominee,

agree in writing to the value that the surviving spouse places on the deceased person's interest. , and

(b) by repealing subsection (4) and substituting the following:

(4) If the surviving spouse, being the sole personal representative, does not apply to the court for an order under subsection (3) within 180 days of the date of the notice referred to in section 29,

(a) a descendant entitled to share in the estate or that part of the estate that is to be treated as an intestate estate, or

(b) the Public Guardian and Trustee, if one or more of the descendants of the deceased person entitled to share in the intestate estate or that part of the estate that is to be treated as an intestate estate is a minor or a mentally incapable person without a nominee,

may apply to the court for an order determining the value of the deceased person's interest in the spousal home.

17 Section 31 (3) is amended by striking out "in the prescribed form" and substituting "as set out in the Supreme Court Civil Rules".

18 Section 32 is amended

(a) by striking out "the purchase of the spousal home" and substituting "the purchase of the spousal home," and

(b) by repealing paragraph (b) and substituting the following:

(b) all applicable taxes, other than any prescribed taxes, assessed against the spousal home from the date of death of the deceased person to the date of purchase of the spousal home, .

19 Section 39 (1) is amended by striking out "the signature of the will-maker" and substituting "the will-maker's signature".

20 Section 40 (3) is amended by adding ", unless the witness was not 19 years of age or older at the time the will was signed by the will-maker" after "proving the will".

21 Section 43 (4) is amended by adding "or his or her spouse" after "even though the person".

22 Section 48 (1) is amended by adding "gross" after "means the".

23 Sections 52, 60, 61 (4) and (5), 62 (1), 129 (1) (b) (iii) and 150 (3) are amended by striking out "an action" wherever it appears and substituting "a proceeding".

24 Section 55 (1) (d) is repealed and the following substituted:

(d) by any other act of the will-maker, or another person in the presence of the will-maker and by the will-maker's direction, if the court determines under section 58 that

(i) the consequence of the act of the will-maker or the other person is apparent on the face of the will, and

(ii) the act was done with the intent of the will-maker to revoke the will in whole or in part.

25 Section 61 is amended

(a) in subsections (1) and (2) by striking out "An action" and substituting "A proceeding",

(b) in subsection (1) (a) by striking out "the action" and substituting "the proceeding", and

(c) by striking out "the writ of summons" wherever it appears and substituting "the initiating pleading or petition".

26 Section 71 is amended by striking out "If the court has made an order under section 60," and substituting "If the court has ordered periodic payments, or that a lump sum be invested for the benefit of a person,".

27 Section 73 is amended by striking out "notice of the will" and substituting "notice of will".

28 Section 77 (3) (a) is repealed and the following substituted:

(a) issue to an applicant under subsection (1) or (2)

(i) the search results for the person named in the application, and

(ii) a certificate showing the contents of the last notice that is relevant to the application, and .

29 Section 85 is amended

(a) in subsection (1) by striking out "A person entitled to a benefit under a benefit plan" and substituting "A participant",

(b) in subsection (2) by adding ", alteration or revocation" after "A designation",

(c) by repealing subsection (2) (a) and substituting the following:

(a) is only effective if the designation, alteration or revocation

(i) is in writing,

(ii) is not altering or revoking a previous designation that is irrevocable under section 87, and

(iii) is signed by the person making it, or by another person in the presence of the person making it and by his or her direction,

and the signature may be in the name of the person making it or the person signing by his or her direction, ,

(d) in subsection (3) (b) by striking out "a committee acting under", and

(e) in subsection (3) by adding ", alter or revoke" after "may make".

30 Section 90 (1) is repealed and the following substituted:

(1) Subject to subsection (2), a new designation of the same designated beneficiary may be made, other than by a will, by a representative of the participant, including one of the following:

(a) a committee acting under the Patients Property Act;

(b) an attorney acting under an enduring power of attorney as described in section 8 [enduring power of attorney] of the Power of Attorney Act;

(c) a representative acting under a representation agreement made under section 9 (1) (g) [other provisions] of the Representation Agreement Act;

(d) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development.

31 Section 109 (1) is amended by striking out "becomes the personal representative of the deceased person by" and substituting "may apply to the court to administer the small estate under this Division by".

32 Sections 109 (1) (b) and 110 (1) (b) are amended by striking out "prescribed small estate declaration" and substituting "small estate declaration as set out in the Supreme Court Civil Rules" and by striking out "prescribed documents" and substituting "documents as set out in the Supreme Court Civil Rules".

33 Section 114 (1) is amended by striking out "prescribed supplementary statutory declaration" and substituting "supplementary statutory declaration as set out in the Supreme Court Civil Rules".

34 Section 121 (2) is amended

(a) by adding "to recover property or enforce an order under Division 6 [Variation of Wills] of Part 4 [Wills]." after "except for claims", and

(b) by repealing paragraphs (a) and (b).

35 Section 122 (3) is amended by striking out "prescribed form" and substituting "form as set out in the Supreme Court Civil Rules".

36 Section 128 is amended by adding the following subsection:

(1.1) If security is required under subsection (1), the applicant for a grant of administration must apply to the court to determine the security required and the court may, on that application, do one or both of the following:

(a) accept any form or amount of security;

(b) impose a restriction on the powers of the proposed administrator that may be exercised without prior approval of the court or the Public Guardian and Trustee.

37 Section 129 is amended by adding the following subsection:

(3) The registrar of the court may grant probate of a will or administration of an estate for general, special or limited purposes in the circumstances described in subsections (1) and (2) if the application for the grant of probate or administration is

(a) unopposed, and

(b) made in accordance with the applicable Supreme Court Civil Rules.

38 Section 141 (2) is repealed and the following substituted:

(2) If a grant of probate or administration is revoked, the authority to act passes as if the person had never been appointed executor.

39 Section 146 (5) (b) is amended by striking out "action" and substituting "proceeding".

40 Section 150 (1) is repealed and the following substituted:

(1) Subject to this section, a cause of action or a proceeding is not annulled by reason only of the death of

(a) a person who had the cause of action, or

(b) a person who is or may be named as a party to the proceeding.

41 Section 157 (3) (c) (i) is amended by striking out "a person appointed to manage the affairs of the beneficiary or intestate successor" and substituting "the guardian of the minor's estate or a nominee".

42 Section 164 (2) (b) is amended by striking out "grant of probate, or whose whereabouts are unknown." and substituting "grant of probate or whose whereabouts are known."

43 Section 170 (1) is amended

(a) by repealing paragraph (c) and substituting the following:

(c) legal expenses incurred in the administration of the deceased person's estate; ,

(b) in paragraph (f) by adding "and taxes of the Nisga'a Lisims Government or a taxing treaty first nation" after "municipal taxes", and

(c) in paragraph (j) by striking out "or the government of any other province," and substituting ", the government of any other province, the Nisga'a Lisims Government or a treaty first nation,".

44 Section 182 (2) is repealed and the following substituted:

(2) If the guardian of a minor referred to in subsection (1) is not also the guardian of the estate of the child within the meaning of the Family Relations Act, the reference to "guardian" in subsection (1) of this section must be read as the guardian of the minor's estate.

45 Section 184 (2) is amended

(a) in paragraph (a) by striking out "that have been superseded or that refer to wills that have been probated", and

(b) in paragraph (c) by adding "or to search for or inspect a notice filed" after "file a notice".

46 Section 186 (1) is amended by striking out "Subject to sections 193 and 194," and substituting "Subject to subsections (2) and (3) of this section and section 189,".

47 Section 197 (a) and (b) is repealed and the following substituted:

(a) in subsection (6) (a) and (b) by striking out "the executor or administrator" and substituting "the personal representative", and

(b) in subsection (7) by striking out "The executor, administrator" and substituting "The personal representative".

48 The following sections are added:

Insurance Act

224.1 Section 65 (2), of the Insurance Act, R.S.B.C. 1996, c. 226, as enacted by section 47 of the Insurance Amendment Act, 2009, S.B.C. 2009, c. 16, is amended by striking out "Survivorship and Presumption of Death Act," and substituting "Presumption of Death Act,".

224.2 Section 91.1 (2), as enacted by section 67 of the Insurance Amendment Act, 2009, is amended by striking out "Survivorship and Presumption of Death Act," and substituting "Presumption of Death Act,".

224.3 Section 102.2 (2), as enacted by section 79 of the Insurance Amendment Act, 2009, is amended by striking out "Wills Act," and substituting "Wills, Estates and Succession Act,".

224.4 Section 107.3 (1), as enacted by section 86 of the Insurance Amendment Act, 2009, is amended by striking out "Wills Act," and substituting "Wills, Estates and Succession Act,".

49 The following section is added:

Insurance (Vehicle) Act

224.5 The Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by adding the following section:

Recovery in relation to motor vehicle insurance

76.1  (1) This section applies if

(a) at the time of the loss or damage in relation to which a proceeding is continued or brought under section 150 [proceedings by and against estate] of the Wills, Estates and Succession Act, the person who committed the wrong was insured against liability for loss or damage in respect of it by a vehicle liability policy, and

(b) the person wronged or the personal representative of that person recovers a judgment in the proceeding.

(2) Despite the terms of the vehicle liability policy or the provisions of any law or statute to the contrary,

(a) the liability of the insurer under the policy extends to the wrong, and

(b) the person or the personal representative by whom the judgment is recovered has the same rights and remedies, as against the insurer and in respect of the insurance money payable under the policy, as the person wronged would have if both the person wronged and the insured person who committed the wrong were alive and the proceeding had been brought or continued against the insured.

(3) The estate of the insured is liable to pay or reimburse the insurer, on demand, any amount paid by the insurer by reason of this section that the insurer would not otherwise be liable to pay.

50 Sections 246 and 252 are repealed.

51 The following section is added in numeric order under the Police Act heading:

246.1 Section 87 (1) (c) is repealed and the following substituted:

(c) if the complainant dies after making a complaint, the executor of the complainant, the administrator of the complainant's estate, the small estate declarant of the complainant or, if no executor, administrator or small estate declarant is available or willing to act, a responsible adult.

52 The following section is added:

Property Law Act

248.1 The Property Law Act, R.S.B.C. 1996, c. 377, is amended by adding the following section:

Actions of account

13.1  (1) Actions in the nature of the common law action of account may be brought and maintained by one joint tenant or tenant in common against the other as bailiff for receiving more than comes to that person's just share or proportion, and against the executor or administrator of the joint tenant or tenant in common.

(2) The registrar or other person appointed by the court to inquire into the account

(a) may administer an oath and examine the parties touching the matters in question, and

(b) is entitled, for taking the account, to receive the allowance that the court orders from the party that the court may direct.

53 Section 267 is amended as it enacts the definition of "nominee" in section 1 (1) of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c), and by adding the following paragraph:

(d) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development; .

54 Section 267 is repealed and the following substituted:

267 Section 1 (1) of this Act is amended by repealing the definition of "nominee" and substituting the following:

"nominee" includes

(a) a committee under the Patients Property Act granted power over financial affairs,

(b) an attorney acting under Part 2 of the Power of Attorney Act,

(c) a representative acting under a representation agreement made under section 7 (1) (b) of the Representation Agreement Act, and

(d) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development; .

55 Section 268 is amended as it enacts section 85 (3) of the Wills, Estates and Succession Act by adding ", alter or revoke" after "may make".

56 Section 268 is repealed and the following substituted:

268 Section 85 (3) of this Act is repealed and the following substituted:

(3) A person granted power over an adult's financial affairs under

(a) Part 2 of the Power of Attorney Act, or

(b) the Patients Property Act

may make, alter or revoke a designation under this section only if expressly authorized to do so by the court and the designation is not made in a will.

57 The following section is added:

268.1 Section 90 (1) of this Act is repealed and the following substituted:

(1) Subject to subsection (2), a new designation of the same designated beneficiary may be made, other than by a will, by a representative of the participant, including by one of the following:

(a) a statutory property guardian or property guardian under the Adult Guardianship Act;

(b) an attorney acting under Part 2 of the Power of Attorney Act;

(c) a person appointed under section 51 (2) [mentally incompetent Indians] of the Indian Act (Canada) or the Minister of Indian Affairs and Northern Development.

58 Section 269 of this Act is amended by striking out ", 267 and 268" and substituting "and 267 to 268.1".

Commencement

59  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: