B.C. Law Institute Report on New Probate Rules

The British Columbia Law Institute has published its Report on New Probate Rules. The Report includes recommended draft provisions for the Supreme Court Civil Rules that dovetail with the new Wills, Estates and Succession Act (the new Act has been passed, but is not yet in effect as of the date of this post).

The approach taken in the Report is outlined in the Executive Summary as follows:

The Project Committee’s approach to reform of the probate rules was fourfold. First,there would be an attempt to design an optimal procedure instead of simply improving on the existing one. Second,aspects of probate procedure that have outlived their usefulness would no longer be retained simply for historical reasons. Third, in recognition of the fact that unrepresented persons initiate much probate business, procedures would be simplified where possible. The revised probate rules would provide more explicit guidance than Rules 61 and 62 now do. Fourth, differences between procedures in probate matters and general civil procedure as remodelled under the new Civil Rules would be harmonized to the extent possible.