Petition for Application for Advice and Directions (Sample) (Form 66) (BC)

Summary

This precedent is a Petition for Application for Advice and Direction based on specific facts. It is used to begin the process of asking for the direction and opinion of the Court. This precedent includes practical guidance and drafting notes. This sample petition is typically used by a trustee/executor/administrator who needs the court’s opinion, advice, or direction on a discrete question arising in the management or administration of estate/trust property. Although the Supreme Court Civil Rules, B.C. Reg. 168/2009 allow the matter to be started by petition (rather than by action), the petitioner should ensure there is a substantive jurisdictional basis for the relief sought (for example, under s. 86 of the Trustee Act, R.S.B.C. 1996, c. 464 (Trustee Act)) and should personally serve the filed petition and supporting affidavits on all persons whose interests may be affected by the order. For an overview of claims made against an estate in British Columbia, see the practice note: ...