Bray Estate

Bray Estate

Although the Registrar in some instances exceeded her authority by seeking information not required by Form 69 (for example the method of valuation and registered owner name as a routine requirement), the application was properly rejected because the filed Statement contained a patent error on its face: the beneficiaries were incorrectly listed contrary to the clear terms of the will, a deficiency fatal to granting probate; probate was refused pending correction of the Statement of Assets, Liabilities and Distribution.

Citation
2008 BCSC 205
Parties
Applicant/executor: Allen Thomas Bray; Deceased: Thomas Henry Bray
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 January 2008
Procedural Posture
Probate Application for Will of Deceased / Chambers Hearing Under Rule 61(6) Following Registrar Refusal Under Rule 61(5)
Outcome
Application for probate refused
Legal Topics
Probate of Will, Registrar Refusal Under Rule 61(5), Form 69 Statement of Assets, Liabilities and Distribution, Probate Fees, Judicial Review of Registrar Decisions
Source Language
English
Probate Estate Law Civil Procedure Probate of Will Registrar Refusal Under Rule 61(5) Form 69 Statement of Assets, Liabilities and Distribution Probate Fees Judicial Review of Registrar Decisions

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Parties

Allen Thomas Bray

Applicant/executor

Thomas Henry Bray

Deceased

Procedural Posture

Probate Application for Will of Deceased / Chambers Hearing Under Rule 61(6) Following Registrar Refusal Under Rule 61(5)

Legal Issues

  1. 1 Whether the registrar properly refused to approve the probate application under Rule 61(5)
  2. 2 Whether the registrar may require disclosure of valuation methodology and registered owner details beyond Form 69
  3. 3 Whether patent errors or ambiguities in the Statement of Assets, Liabilities and Distribution justify rejection of the application

Ratio Decidendi

Although the Registrar in some instances exceeded her authority by seeking information not required by Form 69 (for example the method of valuation and registered owner name as a routine requirement), the application was properly rejected because the filed Statement contained a patent error on its face: the beneficiaries were incorrectly listed contrary to the clear terms of the will, a deficiency fatal to granting probate; probate was refused pending correction of the Statement of Assets, Liabilities and Distribution.

Court Disposition

Application for probate refused

Orders

  • Application rejected pending provision of a corrected Statement of Assets, Liabilities, and Distribution exhibited to the affidavit of executor