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An Act to amend the “Interpretation Act.”

R.S.B.C. 1924, c. 1.

[Assented to 19th December, 1925.] IS MAJESTY, by and with the advice and consent of the

Legislative Assembly of the Province of British Columbia, enacts as follows:

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1. This Act may be cited as the “Interpretation Act Amendment short title. Act, 1925."

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2. Section 24 of the Interpretation Act," being chapter 1 of the Amends s. 24. “Revised Statutes of British Columbia, 1924," is amended by insert. ing after the words “ Police Magistrate,” in the third line of clause (25), comprising the definition of “Magistrate” or “ Justice,” the words" or a Deputy Police Magistrate having the power of a Police Magistrate under the laws of the Province.

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VICTORIA, B.C.:
Printed by CHARLES F. BANFIELD, Printer to the King's Most Excellent Majesty.

1925.

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An Act to amend the “ Administration Act."

R.S.B.C. 1924,
c. 5; 1924, c. 1.

[Assented to 19th December, 1925.] IS MAJESTY, by and with the advice and consent of the

Legislative Assembly of the Province of British Columbia, enacts as follows:

1. This Act may be cited as the “ Administration Act Amendment Short title. Act, 1925.”

2. Section 4 of the “ Administration Act," being chapter 5 of the Amends s. 4. “Revised Statutes of British Columbia, 1924," is amended by striking out the word “eleven" in the first line, and substituting therefor the word “ten"; and by striking out all the words and figures in the thirteenth and fourteenth lines, and substituting therefor the words and figures “VII.-Intestate Succession. ... 110-128."

3. Said chapter 5 is amended by inserting in Part IV. the follow- Enacts s. 91A. ing as section 91A:

“91A. No distribution of the surplusage of the personal estate of an intestate shall be made until one year after the death of such intestate: Provided that if at any time within such period of one year it is shown to the satisfaction of the Court that the intestate has left any person who was wholly or in part dependent upon him at the time of his death, and that such dependent is entitled to share in the distribution, the Court may make an order directing that the whole or any part of the prospective share of such dependent in the surplusage of the personal estate may be forthwith paid out to such dependent upon such terms and conditions as to the Court may seem proper. [22 & 23 Car. 2, c. 10, s. 8 (part).]”

4. Parts VII. and VIII., comprising sections 110 to 133B, of said Re-enacts Parts

VII. and VIII. chapter 5 are repealed, and the following is substituted therefor:

“ PART VII.

“ INTESTATE SUCCESSION.

Interpretation.

Application of Act.

Intestate leaving widow and issue.

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Leaving issue.

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Widow and no issue.

“110. In this part, unless the context otherwise requires

« • Estate’ includes both real and personal property:

“Issue' includes all lawful lineal descendants of the ancestor. “111. This Part shall apply only in cases of death after it comes into force.

“112. (1.) If an intestate dies leaving a widow and one child, one-half of his estate shall go to the widow.

(2.) If he leaves a widow and children, one-third of his estate shall go to the widow.

“(3.) If a child has died leaving issue and such issue is alive at the date of the intestate's death, the widow shall take the same share of the estate as if the child had been living at that date.

“113. If an intestate dies leaving issue, his estate shall be distributed, subject to the rights of the widow (if any), per stirpes among such issue.

“ 114. (1.) If an intestate dies leaving a widow but no issue, his estate, where the net value thereof does not exceed twenty thousand dollars, shall go to his widow.

“(2.) Where the net value exceeds twenty thousand dollars, the widow shall be entitled to twenty thousand dollars and shall have a charge upon the estate for that sum, with legal interest from the date of the death of the intestate.

“(3.) Of the residue of the estate, after payment of the said sum of twenty thousand dollars, and interest, one-half shall go to the widow and one-half to those who would take the estate, if there were no widow, under section 115, 116, or 117, as the case may be.

“(4.) In this section “net value' means the value of the estate wherever situate, both within and without the Province, after pay. ment of the charges thereon and the debts, funeral expenses, expenses of administration, probate duty, and succession duty.

"115. If an intestate dies leaving no widow or issue, his estate shall go to his father and mother in equal shares if both are living, but if either of them is dead the estate shall go to the survivor.

"116. If an intestate dies leaving no widow or issue or father or mother, his estate shall go to his brothers and sisters in equal shares, and if any brother or sister is dead the children of the deceased brother or sister shall take the share their parent would have taken, if living: Provided that where the only persons entitled are children of deceased brothers and sisters, they shall take per capita.

“ 117. If an intestate dies leaving no widow, issue, father, mother, brother, or sister and no children of any deceased brother or sister, his estate shall go to his next of kin.

“118. In every case where the estate goes to the next of kin, it shall be distributed equally among the next of kin of equal degree of

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Neither widow nor issue.

No widow, issue, or parent.

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Where estate goes to next of kin.

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Distribution among next of kin.

half-blood.

births.

children.

consanguinity to the intestate and those who legally represent them; but in no case shall representation be admitted among collaterals after brothers' and sisters' children.

"119. For the purposes of this Part, degrees of kindred shall be Kindred and computed by counting upward from the intestate to the nearest common ancestor and then downward to the relative; and the kindred of the half-blood shall inherit equally with those of the whole blood in the same degree.

“120. Descendants and relatives of the intestate, begotten before Posthumous his death but born thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived him.

“121. (1.) If any child of a person who has died wholly intestate Advances to has been advanced by the intestate by portion, the portion shall be reckoned, for the purposes of this section only, as part of the estate of the intestate distributable according to law; and, if the advancement is equal to or greater than the share of the estate which the child would be entitled to receive as above reckoned, the child and his descendants shall be excluded from any share in the estate; but if the advancement is not equal to such share, the child and his descendants shall be entitled to receive so much only of the estate of the intestate as is sufficient to make all the shares of the children in the estate and advancement equal as nearly as can be estimated.

"(2.) The value of any portion advanced shall be deemed to be that which has been expressed by the intestate or acknowledged by the child in writing, otherwise the value shall be the value of the portion when advanced.

“(3.) The onus of proving that a child has been maintained or educated, or has been given money, with a view to a portion shall be upon the person so asserting, unless the advancement has been expressed by the intestate, or acknowledged by the child, in writing. “ 122. All such estate as is not disposed of by will shall be Estate undisposed

of by will. distributed as if the testator had died intestate and had left no other estate.

“ 123. No widow shall be entitled to dower in the land of her Abolition of dower deceased husband dying intestate, and no husband shall be entitled to an estate by the curtesy in the land of his deceased wife so dying. “ 124. Illegitimate children and their issue shall inherit from the legitimate

children. mother as if the children were legitimate, and shall inherit as if the children were legitimate, through the mother, if dead, any real or personal property which she would have taken, if living, by gift, devise, or descent from any other person. “ 125. If an intestate, being an illegitimate child, dies leaving no succession to

illegitimates. widow or issue, his estate shall go to his mother, if living, but if the mother is dead his estate shall go to the other children of the same mother in equal shares, and if any child is dead the children of the deceased child shall take the share their parent would have taken

and curtesy.

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