Judgment Creditors - Deceased

Last revised September 13, 2022

According to the BC Estate Administration Act, RSBC 1996, c. 122, s. 59, the executor/administrator of a deceased person may continue, or bring and maintain, an action for all loss or damage to the person or property of the deceased in the same way and with the same rights and remedies as the deceased would, if they were alive, be entitled to.

However, recovery must not extend to:

• damages in respect of physical disfigurement or pain or suffering caused to the deceased;
• if death results from the injuries, damages for the death, or for the loss of expectation of life, unless the death occurred before February 12, 1942;
• damages in respect of expectancy of earnings after the death of the deceased that might have been sustained if the deceased had not died.

The damages recovered in an action form part of the personal estate of the deceased. In addition, the executor/administrator may be awarded damages in respect of reasonable expenses of the funeral and the disposal of the remains of the deceased person.

WESA

The Estates Administration Act, RSBC 1996, c. 122 was repealed and replaced by the Wills, Estates and Succession Act, SBC 2009, c. 13, s.191(1) effective March 31, 2014 (BC Reg 148/2013).

Sections 58-69 of the Estate Administration Act are replaced by s. 150 of the Wills, Estates and Succession Act. A table of concordance is available off of CLE Online as well as in print in the CLE publication Wills, Estates and Succession Act transition guide.