Introduction to Wills and Estate Planning (16A:I)
This chapter provides a brief summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court. The Wills, Estates and Succession Act, SBC 2009, c 13 [WESA], came into force on March 31, 2014. WESA substantially revised wills and estates law in BC by repealing and consolidating the Estate Administration Act, RSBC 1996, c 122; the Probate Recognition Act, RSBC 1996, c 376; the Wills Act, RSBC 1996, c 489; and the Wills Variation Act, RSBC 1996, c 490. WESA now applies to all wills in BC if the deceased dies after March 31, 2014, except where:
- The will was validly made before WESA comes into force, but would be invalid under WESA; or
- The will was revoked before the Act comes into force (i.e. WESA will not revive validly revoked wills);
If you are seeking legal advice on an existing will, remember that except for s 16, 25 30 and 44(3), the Wills Act applies only to wills made after March 31, 1960 (s 44(1)). WESA also applies to estates where there is no will, known as an “intestacy”.
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