Impact of the new Wills, Estates and Succession Act to Land Title Practice and Forms
As summarized by the Land Title and Survey Authority of BC (“LTSA”), the new Wills, Estates and Succession Act (“WESA”) comes into force on March 31, 2014. WESA represents the consolidation of longstanding succession laws into one statute, with many new provisions needing to be incorporated into wills and estates practice. The transition provisions in WESA identify when specific sections of WESA are to apply, dependent upon whether the date of death occurs before, on, or after the date the specific provision comes into force. This necessitates a dual track system for Land Title practice: the existing system for deaths occurring prior to WESA coming into force, and the new system for deaths occurring on or after the date the specific provisions come into force.
The Director of Land Titles has introduced two new versions of hardcopy Form 34 – Certificate of Pending Litigation one for each of the Wills Variation Act and WESA proceedings.
As per the LTSA, a proceeding to enforce, set aside, or replace an agreement respecting property division made before the coming into force of WESA, or a proceeding respecting property started under the Wills Variation Act, must be started or continued, as applicable, under the Wills Variation Act. Each of these are approved as supporting documents attached to a Form 17 – Charge, Notation or Filing using the nature of interest Certificate of Pending Litigation.
The Director of Land Titles also recently introduced new versions of five electronic land title form templates to support WESA with new natures of interest, and includes other updates. They are effective March 31, 2014, and consist of:
1. FORM 17 – FEE SIMPLE (version 10);
2. FORM 17 – CHARGE, NOTATION OR FILING (version 10);
3. FORM 17 – CANCELLATION OF CHARGE, NOTATION OR FILING (version 11);
4. FORM C – GENERAL INSTRUMENT – RELEASE (version 20); and
5. STRATA PROPERTY ACT FILING (version 8).
Court orders made under WESA are approved for electronic filing, and are to be attached as a supporting document to a Form 17 – Charge, Notation or Filing, or Form 17 – Cancellation of Charge, Notation or Filing using the nature of interest Notice of Property Agreement. Older versions of electronic land title forms will continue to be accepted for electronic submission for a limited period of time, with a warning to download the latest versions. A WESA-focused update to the Land Title Practice Manual will be published shortly.
If you have any questions, please contact Dye & Durham’s Real Estate Support Services at [email protected] or at 604.257.1810.