According to the BC Estate Administration Act, RSBC 1996, c. 122, s. 59 (6), if a person alleges that the person has suffered loss or damage by the fault of another and the person alleged to be at fault dies, the person wronged may:
- continue against the executor / administrator any action on that account pending against the deceased at the time of the deceased's death, or
- within the time otherwise limited for the action, bring an action for the loss or damage, naming as defendant in it
- the executor or administrator of the estate of the deceased, or
- the deceased.
If the deceased is named as defendant, the action is valid despite the fact that the defendant is dead at the time the action is brought. Damages or costs, or both, recovered in an action under subsection (6) are payable out of the estate of the deceased person at fault.
The Estates Administration Act, RSBC 1996, c. 122 was repealed and replaced by the Wills, Estates and Succession Act, SBC 2009, c. 13, s.191(1) effective March 31, 2014 (BC Reg 148/2013).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.
- Estate Administration Act, RSBC 1996, c. 122, s. 59 – BC Laws
- Wills, Estates and Succession Act, SBC 2009, c. 13 – BC Laws
- BC Reg 148/2003 – BC Laws