Duties of a Personal Representative (16:XI) - Revision history

LSLAP at 19:32, 13 October 2025

2025-10-13T19:32:11Z

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LSLAP: /* I. Passing of Accounts */

2025-10-01T00:34:26Z

I. Passing of Accounts

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	== I. Passing of Accounts ==		== I. Passing of Accounts ==

	Section 99 of [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96464_01 the ''Trustee Act'', RSBC 1996, c 464] sets out the procedure for the passing of the trustee’s accounts. Absent written and approved consent by all beneficiaries or a court order, an executor, administrator, and trustee under a will and judicial trustee must, within two years of the grant of probate or grant of administration or within two years from the date of appointment, pass their accounts. This is often the process by which an executor, administrator and trustee will have their fees approved.		Section 99 of ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96464_01 the Trustee Act]'', RSBC 1996, c 464 sets out the procedure for the passing of the trustee’s accounts. Absent written and approved consent by all beneficiaries or a court order, an executor, administrator, and trustee under a will and judicial trustee must, within two years of the grant of probate or grant of administration or within two years from the date of appointment, pass their accounts. This is often the process by which an executor, administrator and trustee will have their fees approved.


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LSLAP: /* G. Income Tax Clearance Certificate */

2025-10-01T00:34:12Z

G. Income Tax Clearance Certificate

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	== G. Income Tax Clearance Certificate ==		== G. Income Tax Clearance Certificate ==

	Section 159(2) of [https://laws-lois.justice.gc.ca/eng/acts/i-3.3/index.html the ''Income Tax Act'', RSC 1985, c 1 (5th Supp)] prohibits distribution of the assets until a certificate is obtained from the Minister of Finance certifying payment of all taxes. Without such a certificate, the personal representative may be personally liable for the unpaid amount.		Section 159(2) of ''[https://laws-lois.justice.gc.ca/eng/acts/i-3.3/index.html the Income Tax Act]'', RSC 1985, c 1 (5th Supp) prohibits distribution of the assets until a certificate is obtained from the Minister of Finance certifying payment of all taxes. Without such a certificate, the personal representative may be personally liable for the unpaid amount.

	However, there have been changes in Canada Revenue Agency (CRA) procedure. It is now possible to review information via online terminals, and usually it is not necessary to obtain the return itself from a taxation centre. The clearance request and necessary documents are not filed with the return but are forwarded separately to CRA’s district office. For the most up-to-date information, please see:<BR>		However, there have been changes in Canada Revenue Agency (CRA) procedure. It is now possible to review information via online terminals, and usually it is not necessary to obtain the return itself from a taxation centre. The clearance request and necessary documents are not filed with the return but are forwarded separately to CRA’s district office. For the most up-to-date information, please see:<BR>
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	* If the death occurred between January 1 and October 31 inclusive, the due date for the terminal tax return is April 30 of the following year; or		* If the death occurred between January 1 and October 31 inclusive, the due date for the terminal tax return is April 30 of the following year; or
	* If the death occurred between November 1 and December 31 inclusive, the due date for the terminal tax return is six months after the date of death.		* If the death occurred between November 1 and December 31 inclusive, the due date for the terminal tax return is six months after the date of death.


	== H. Discharge of Personal Representative ==		== H. Discharge of Personal Representative ==

LSLAP: /* D. Other Asset Distribution Instruments */

2025-10-01T00:33:55Z

D. Other Asset Distribution Instruments

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	If life insurance policies and RRSPs have pre-existing designated beneficiaries, they will not form part of the will-maker’s estate and will be administered outside of the probate process.		If life insurance policies and RRSPs have pre-existing designated beneficiaries, they will not form part of the will-maker’s estate and will be administered outside of the probate process.

	For life insurance policies with designated beneficiaries, the proceeds do not form part of the estate. A beneficiary designation in a will is invalidated by a subsequent designation made in an insurance policy or is revoked when the will is revoked (see [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12001_02 ''Insurance Act'', s 61(2)]).		For life insurance policies with designated beneficiaries, the proceeds do not form part of the estate. A beneficiary designation in a will is invalidated by a subsequent designation made in an insurance policy or is revoked when the will is revoked (see ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12001_02 Insurance Act]'', s 61(2)).

	Also, a will cannot revoke an earlier life insurance designation unless it complies with section 60 of the ''Insurance Act''. It requires that the policyholder file a contract or declaration with the insurance company, designating the beneficiary of the policy irrevocably. If this document is filed, the beneficiary must consent to any change to the designation.		Also, a will cannot revoke an earlier life insurance designation unless it complies with section 60 of the ''Insurance Act''. It requires that the policyholder file a contract or declaration with the insurance company, designating the beneficiary of the policy irrevocably. If this document is filed, the beneficiary must consent to any change to the designation.
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	Those with a significant amount of money in RRSPs should consult a tax lawyer or tax accountant for estate tax planning advice, as there are several tax rules that apply solely to the final year of a person’s life.		Those with a significant amount of money in RRSPs should consult a tax lawyer or tax accountant for estate tax planning advice, as there are several tax rules that apply solely to the final year of a person’s life.


	== E. Time for Distributing the Estate ==		== E. Time for Distributing the Estate ==

LSLAP at 03:13, 22 August 2024

2024-08-22T03:13:50Z

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LSLAP at 03:13, 22 August 2024

2024-08-22T03:13:35Z

Show changes

Nate Russell: Nate Russell moved page Duties of a Personal Representative (16:XII) to Duties of a Personal Representative (16:XI) over redirect: 2024 edition

2024-07-26T21:37:13Z

Nate Russell moved page Duties of a Personal Representative (16:XII) to Duties of a Personal Representative (16:XI) over redirect: 2024 edition

← Older revision	Revision as of 21:37, 26 July 2024
(No difference)

Clicklaw Editor at 21:25, 29 August 2023

2023-08-29T21:25:03Z

← Older revision		Revision as of 21:25, 29 August 2023
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LSLAP at 00:18, 25 August 2023

2023-08-25T00:18:54Z

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	For life insurance policies with designated beneficiaries, the proceeds do not form part of the estate. A beneficiary designation in a will is invalidated by a subsequent designation made in an insurance policy or is revoked when the will is revoked (see ''Insurance Act'', s 61(2)).		For life insurance policies with designated beneficiaries, the proceeds do not form part of the estate. A beneficiary designation in a will is invalidated by a subsequent designation made in an insurance policy or is revoked when the will is revoked (see ''Insurance Act'', s 61(2)).

	Also, a will cannot revoke an earlier life insurance designation unless it complies with section 60 of the ''Insurance Act''. It requires that the policyholder file a contract or declaration with the insurance company, designating the beneficiary of the policy irrevocably. If this document is filed, the beneficiary must consent to any change to the designation. However, a general revocation clause that does not specifically refer to the insurance policy or contract does not revoke the designation made prior to the will because it does not meet the definition of “declaration” under the ''Insurance Act''; see ''Hurzin v Great West Life Assurance Company'', (1988) 23 BCLR (2d) 252 (SC).		Also, a will cannot revoke an earlier life insurance designation unless it complies with section 60 of the ''Insurance Act''. It requires that the policyholder file a contract or declaration with the insurance company, designating the beneficiary of the policy irrevocably. If this document is filed, the beneficiary must consent to any change to the designation. However, a general revocation clause that does not specifically refer to the insurance policy or contract does not revoke the designation made prior to the will because it does not meet the definition of “declaration” under the ''Insurance Act''; see ''[https://www.canlii.org/en/bc/bcsc/doc/1988/1988canlii2980/1988canlii2980.html Hurzin v Great West Life Assurance Company]'', (1988) 23 BCLR (2d) 252 (SC).

	Those with a significant amount of money in RRSPs should consult a tax lawyer or tax accountant for estate tax planning advice, as there are several tax rules that apply solely to the final year of a person’s life.		Those with a significant amount of money in RRSPs should consult a tax lawyer or tax accountant for estate tax planning advice, as there are several tax rules that apply solely to the final year of a person’s life.

Clicklaw Editor: Clicklaw Editor moved page Duties of a Personal Representative (16:XI) to Duties of a Personal Representative (16:XII) over redirect

2023-07-28T21:00:45Z

Clicklaw Editor moved page Duties of a Personal Representative (16:XI) to Duties of a Personal Representative (16:XII) over redirect

← Older revision	Revision as of 21:00, 28 July 2023
(No difference)