An inside look at probate from a Registrar's perspective - presented by Derek Bil

1. A look behind the scenes: From a Registrar’s
Perspective

2. Introduction:
Chilliwack Law Courts

3. Wills Estates and Succession
Act
Passed Third Reading September 24,
2009
 Came into effect March 31, 2014

4. With Change comes “hick-
ups”
The CONTINUING LEGAL EDUCATION SOLIETY OF BRITISH
COLUMBIA states:
“The new Wills Estates and Succession
Act is a consolidation of long standing
succession laws. It also contains many
new provisions which will take time to
incorporate into a wills and estate practice,
particularly where the courts will need to
interpret the legislative intent.”

5. With Change comes:
“hick-ups”
“21 days”
Davies Estate
2014 BCSC 1233

6. With Change comes:
“hick-ups”
JULY 1, 2015
ORDER IN
COUNCIL NO.
332

7. Top Reasons for Corrections:
 Not proofreading documents

8. Top Reasons for Corrections:
 Not proofreading documents
 Places left unanswered

10. Top Reasons for Corrections:
 Not proofreading documents
 Places left unanswered
 “also known as”
PART 1 — INFORMATION ABOUT THE
DECEASED
Full legal name of deceased:
......................................
Other names in which the deceased held
or may have held an interest in property:
1
2
3 etc.

11. Top Reasons for Corrections:
 Not proofreading documents
 Places left unanswered
 “also known as”
 Wrong Registry
result of “Court shopping”

12. Top Reasons for Corrections:
 Not proofreading documents
 Places left unanswered
 “also known as”
 Wrong Registry
 Assets & Liabilities

13. May 4, 2012
Master Baker
“unless a party can demonstrate how the
‘new’ value applies to the time of death,
then the original estimate of value, as
attested to in the first instance, should
apply and no change to the values or
probate fees should occur”

14. Top Reasons for Corrections:
 Not proofreading documents
 Places left unanswered
 “also known as”
 Wrong Registry
 Assets & Liabilities
 To serve or not to serve

15. What WESA has done:
 Stream lined the process
 Cut down on misinformation

16. What the Registrar likes:
 Keep it clean
-delete all instructions

17. What the Registrar likes:
 Keep it clean
-delete all instructions
-remove all paragraphs that are not
applicable

18. What the Registrar likes:
 Keep it clean
-delete all instructions
-remove all paragraphs that are not
applicable
-using the latest forms (July 1, 2015)

19. “Darned if you do and
darned if you don’t”
 Nitpicky: why we are

20. Play it safe!
 Do as the Registrar asks
Learn the “tricks of the trade” for each
Registry

21. Play it safe!
 “Our decision is appealable, not
arguable”

22. Conclusion:
 WESA has been crafted in a way that is
very user friendly
 Find out the process at a Registry and
see if it fits your needs and the needs of
your client
 If there is something out of the ordinary,
or the forms do not give a complete
story, let us know

23. …and last but not least:
Don’t call
for
status updates!

24. Questions:(of a non-legal nature)