Introduction to Wills and Estate Administration (16:I) - Revision history

LSLAP at 19:31, 13 October 2025

2025-10-13T19:31:19Z

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	{{REVIEWED LSLAP \| date= ~~August 20, 2024~~}}		{{REVIEWED LSLAP \| date= 16 July 2025}}
	{{LSLAP Manual TOC\|expanded = wills}}		{{LSLAP Manual TOC\|expanded = wills}}
	When a person dies, the property and possessions they leave behind become known as their '''estate'''. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 Wills, Estates and Succession Act]'', SBC 2009, c 13 [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.		When a person dies, the property and possessions they leave behind become known as their '''estate'''. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 Wills, Estates and Succession Act]'', SBC 2009, c 13 [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.

LSLAP at 00:27, 1 October 2025

2025-10-01T00:27:30Z

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	{{LSLAP Manual TOC\|expanded = wills}}		{{LSLAP Manual TOC\|expanded = wills}}
	When a person dies, the property and possessions they leave behind become known as their '''estate'''. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 ''Wills, Estates and Succession Act'', SBC 2009, c 13] [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.		When a person dies, the property and possessions they leave behind become known as their '''estate'''. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 Wills, Estates and Succession Act]'', SBC 2009, c 13 [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.

	If a person dies without a will, they are “intestate”. ''WESA'' gives specific instructions for how an intestate estate should be distributed and who can do the distributing. See [[Intestacy (16:VIII)\|VIII. Intestacy]] and [[Estate Administration (16:XI)\|XI. Estate Administration]] for more information.		If a person dies without a will, they are “intestate”. ''WESA'' gives specific instructions for how an intestate estate should be distributed and who can do the distributing. See [[Intestacy (16:VIII)\|VIII. Intestacy]] and [[Estate Administration (16:XI)\|XI. Estate Administration]] for more information.
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	This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court unless otherwise stated.		This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court unless otherwise stated.

	The [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 ''Wills, Estates and Succession Act'', SBC 2009, c 13] [''WESA''], came into force on 31 March 2014. ''WESA'' substantially revised wills and estates law in BC by repealing and consolidating [https://www.bclaws.gov.bc.ca/civix/document/id/consol15/consol15/00_96122_01 the ''Estate Administration Act'', RSBC 1996, c 122]; [https://www.bclaws.gov.bc.ca/civix/document/id/rs/rs/96376_01 the ''Probate Recognition Act'', RSBC 1996, c 376]; [https://www.bclaws.gov.bc.ca/civix/document/id/consol24/consol24/00_96489_01 the ''Wills Act'', RSBC 1996, c 489]; and [https://www.bclaws.gov.bc.ca/civix/document/id/rs/rs/96490_01 the ''Wills Variation Act'', RSBC 1996, c 490].		The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 Wills, Estates and Succession Act]'', SBC 2009, c 13 [''WESA''], came into force on 31 March 2014. ''WESA'' substantially revised wills and estates law in BC by repealing and consolidating ''[https://www.bclaws.gov.bc.ca/civix/document/id/consol15/consol15/00_96122_01 the Estate Administration Act]'', RSBC 1996, c 122; ''[https://www.bclaws.gov.bc.ca/civix/document/id/rs/rs/96376_01 the Probate Recognition Act]'', RSBC 1996, c 376; ''[https://www.bclaws.gov.bc.ca/civix/document/id/consol24/consol24/00_96489_01 the Wills Act]'', RSBC 1996, c 489; and ''[https://www.bclaws.gov.bc.ca/civix/document/id/rs/rs/96490_01 the Wills Variation Act]'', RSBC 1996, c 490.


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LSLAP at 08:57, 22 September 2025

2025-09-22T08:57:06Z

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	There are rules for how to amend or revoke a will, and for what happens if a will does not comply with the formalities required to be valid (see [[Mistakes and Alterations in a Will (16:IV)\|IV. Mistakes and Alterations in a Will]], [[Revocation of a Will (16:VI)\|VI. Revocation of a Will]], and [[Court's Power to Cure Deficiencies and Rectify Wills (16:V)\|V. Court’s Powers to Cure Deficiencies and Rectify a Will]]). Finally, there is an expectation that a will maker will provide for their spouse(s) and child(ren), if any, and rules that must be followed if a will maker wishes to disinherit them (see [[Wills Variation Claims (16:VII)\|VII. Wills Variation Claims]]). There are also specific rules that may affect certain Indigenous people and people living on certain Indigenous lands (see [[First Nations and Wills (16:X)\|X. First Nations and Wills]]).		There are rules for how to amend or revoke a will, and for what happens if a will does not comply with the formalities required to be valid (see [[Mistakes and Alterations in a Will (16:IV)\|IV. Mistakes and Alterations in a Will]], [[Revocation of a Will (16:VI)\|VI. Revocation of a Will]], and [[Court's Power to Cure Deficiencies and Rectify Wills (16:V)\|V. Court’s Powers to Cure Deficiencies and Rectify a Will]]). Finally, there is an expectation that a will maker will provide for their spouse(s) and child(ren), if any, and rules that must be followed if a will maker wishes to disinherit them (see [[Wills Variation Claims (16:VII)\|VII. Wills Variation Claims]]). There are also specific rules that may affect certain Indigenous people and people living on certain Indigenous lands (see [[First Nations and Wills (16:X)\|X. First Nations and Wills]]).

	The only wills and estates issues LSLAP can assist with are the drafting of certain types of simple wills for eligible clients. See [[LSLAP File Administration Policy for Wills and Estate (16:XIV)\|~~XIV~~. LSLAP File Administration Policy]] for more details.		The only wills and estates issues LSLAP can assist with are the drafting of certain types of simple wills for eligible clients. See [[LSLAP File Administration Policy for Wills and Estate (16:XIV)\|XIII. LSLAP File Administration Policy]] for more details.

	This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court unless otherwise stated.		This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court unless otherwise stated.

LSLAP at 19:26, 20 August 2024

2024-08-20T19:26:46Z

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	To ensure their estate is distributed in a way that reflects their wishes and personal circumstances, many people create a will. A will is a legal document that sets out what should happen to a person’s estate and to any minor children upon their death.		To ensure their estate is distributed in a way that reflects their wishes and personal circumstances, many people create a will. A will is a legal document that sets out what should happen to a person’s estate and to any minor children upon their death.

	WESA sets out important rules that need to be followed for a will to be valid. These include rules about		''WESA'' sets out important rules that need to be followed for a will to be valid. These include rules about

	* the mental capacity required to make a will,		* the mental capacity required to make a will,

LSLAP at 19:25, 20 August 2024

2024-08-20T19:25:41Z

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	{{REVIEWED LSLAP \| date= ~~June 30~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 20, 2024}}
	{{LSLAP Manual TOC\|expanded = wills}}		{{LSLAP Manual TOC\|expanded = wills}}
	When a person dies, the property and possessions they leave behind become known as their estate. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the ''Wills, Estates and Succession Act'', SBC 2009, c 13 [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.		When a person dies, the property and possessions they leave behind become known as their '''estate'''. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 ''Wills, Estates and Succession Act'', SBC 2009, c 13] [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.

	If a person dies without a will, they are “intestate”. ''WESA'' gives specific instructions for how an intestate estate should be distributed and who can do the distributing. See [[Intestacy (16:VIII)\|VIII. Intestacy]] and [[Estate Administration (16:XI)\|XI. Estate Administration]] for more information.		If a person dies without a will, they are “intestate”. ''WESA'' gives specific instructions for how an intestate estate should be distributed and who can do the distributing. See [[Intestacy (16:VIII)\|VIII. Intestacy]] and [[Estate Administration (16:XI)\|XI. Estate Administration]] for more information.
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	To ensure their estate is distributed in a way that reflects their wishes and personal circumstances, many people create a will. A will is a legal document that sets out what should happen to a person’s estate and to any minor children upon their death.		To ensure their estate is distributed in a way that reflects their wishes and personal circumstances, many people create a will. A will is a legal document that sets out what should happen to a person’s estate and to any minor children upon their death.

	WESA sets out important rules that need to be followed for a will to be valid. These include rules about the mental capacity required to make a will, the process for certifying that the contents reflect the will maker’s intentions, and a system for registering the will to ensure it is located upon death (see [[Making and Executing a Will (16:III)\|III. Making and Executing a Will]]). There are rules for how to amend or revoke a will, and for what happens if a will does not comply with the formalities required to be valid (see [[Mistakes and Alterations in a Will (16:IV)\|IV. Mistakes and Alterations in a Will]], [[Revocation of a Will (16:VI)\|VI. Revocation of a Will]], and [[Court's Power to Cure Deficiencies and Rectify Wills (16:V)\|V. Court’s Powers to Cure Deficiencies and Rectify a Will]]). Finally, there is an expectation that a will maker will provide for their spouse(s) and child(ren), if any, and rules that must be followed if a will maker wishes to disinherit them (see [[Wills Variation Claims (16:VII)\|VII. Wills Variation Claims]]). There are also specific rules that may affect certain Indigenous people and people living on certain Indigenous lands (see [[First Nations and Wills (16:X)\|X. First Nations and Wills]]).		WESA sets out important rules that need to be followed for a will to be valid. These include rules about

			* the mental capacity required to make a will,
			* the process for certifying that the contents reflect the will maker’s intentions, and
			* a system for registering the will to ensure it is located upon death (see [[Making and Executing a Will (16:III)\|III. Making and Executing a Will]]).

			There are rules for how to amend or revoke a will, and for what happens if a will does not comply with the formalities required to be valid (see [[Mistakes and Alterations in a Will (16:IV)\|IV. Mistakes and Alterations in a Will]], [[Revocation of a Will (16:VI)\|VI. Revocation of a Will]], and [[Court's Power to Cure Deficiencies and Rectify Wills (16:V)\|V. Court’s Powers to Cure Deficiencies and Rectify a Will]]). Finally, there is an expectation that a will maker will provide for their spouse(s) and child(ren), if any, and rules that must be followed if a will maker wishes to disinherit them (see [[Wills Variation Claims (16:VII)\|VII. Wills Variation Claims]]). There are also specific rules that may affect certain Indigenous people and people living on certain Indigenous lands (see [[First Nations and Wills (16:X)\|X. First Nations and Wills]]).

	The only wills and estates issues LSLAP can assist with are the drafting of certain types of simple wills for eligible clients. See [[LSLAP File Administration Policy for Wills and Estate (16:XIV)\|XIV. LSLAP File Administration Policy]] for more details.		The only wills and estates issues LSLAP can assist with are the drafting of certain types of simple wills for eligible clients. See [[LSLAP File Administration Policy for Wills and Estate (16:XIV)\|XIV. LSLAP File Administration Policy]] for more details.

	This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court, unless otherwise stated.		This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court unless otherwise stated.

	The ''Wills, Estates and Succession Act'', SBC 2009, c 13 [''WESA''], came into force on 31 March 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.		The [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 ''Wills, Estates and Succession Act'', SBC 2009, c 13] [''WESA''], came into force on 31 March 2014. ''WESA'' substantially revised wills and estates law in BC by repealing and consolidating [https://www.bclaws.gov.bc.ca/civix/document/id/consol15/consol15/00_96122_01 the ''Estate Administration Act'', RSBC 1996, c 122]; [https://www.bclaws.gov.bc.ca/civix/document/id/rs/rs/96376_01 the ''Probate Recognition Act'', RSBC 1996, c 376]; [https://www.bclaws.gov.bc.ca/civix/document/id/consol24/consol24/00_96489_01 the ''Wills Act'', RSBC 1996, c 489]; and [https://www.bclaws.gov.bc.ca/civix/document/id/rs/rs/96490_01 the ''Wills Variation Act'', RSBC 1996, c 490].


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Clicklaw Editor at 21:06, 29 August 2023

2023-08-29T21:06:54Z

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	The ''Wills, Estates and Succession Act'', SBC 2009, c 13 [''WESA''], came into force on 31 March 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.		The ''Wills, Estates and Succession Act'', SBC 2009, c 13 [''WESA''], came into force on 31 March 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.

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LSLAP at 19:43, 24 August 2023

2023-08-24T19:43:09Z

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	{{REVIEWED LSLAP \| date= ~~July 8~~, ~~2022~~}}		{{REVIEWED LSLAP \| date= June 30, 2023}}
	{{LSLAP Manual TOC\|expanded = wills}}		{{LSLAP Manual TOC\|expanded = wills}}
			When a person dies, the property and possessions they leave behind become known as their estate. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the ''Wills, Estates and Succession Act'', SBC 2009, c 13 [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.

	~~This chapter provides~~ a ~~summary of~~ will ~~preparation~~ and ~~estate administration procedure~~. ~~In this chapter, any reference to a court is to the BC Supreme Court, unless otherwise stated~~.		If a person dies without a will, they are “intestate”. ''WESA'' gives specific instructions for how an intestate estate should be distributed and who can do the distributing. See [[Intestacy (16:VIII)\|VIII. Intestacy]] and [[Estate Administration (16:XI)\|XI. Estate Administration]] for more information.

	~~The ''Wills, Estates~~ and ~~Succession Act'', SBC 2009, c 13 [''WESA'']~~, ~~came into force on 31 March 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.		To ensure their estate is distributed in a way that reflects their wishes and personal circumstances, many people create a will. A will is a legal document that sets out what should happen to a person’s estate and to any minor children upon their death.

	''WESA'~~' now applies~~ to ~~'''all''' wills in BC~~ if ~~the deceased dies~~ on ~~or after 31 March 2014, except where~~:		WESA sets out important rules that need to be followed for a will to be valid. These include rules about the mental capacity required to make a will, the process for certifying that the contents reflect the will maker’s intentions, and a system for registering the will to ensure it is located upon death (see [[Making and Executing a Will (16:III)\|III. Making and Executing a Will]]). There are rules for how to amend or revoke a will, and for what happens if a will does not comply with the formalities required to be valid (see [[Mistakes and Alterations in a Will (16:IV)\|IV. Mistakes and Alterations in a Will]], [[Revocation of a Will (16:VI)\|VI. Revocation of a Will]], and [[Court's Power to Cure Deficiencies and Rectify Wills (16:V)\|V. Court’s Powers to Cure Deficiencies and Rectify a Will]]). Finally, there is an expectation that a will maker will provide for their spouse(s) and child(ren), if any, and rules that must be followed if a will maker wishes to disinherit them (see [[Wills Variation Claims (16:VII)\|VII. Wills Variation Claims]]). There are also specific rules that may affect certain Indigenous people and people living on certain Indigenous lands (see [[First Nations and Wills (16:X)\|X. First Nations and Wills]]).

	* The ~~will was validly made before ''WESA'' comes into force, but would be invalid under ''WESA''; or~~		The only wills and estates issues LSLAP can assist with are the drafting of certain types of simple wills for eligible clients. See [[LSLAP File Administration Policy for Wills and Estate (16:XIV)\|XIV. LSLAP File Administration Policy]] for more details.
	* The will was revoked before ''WESA'' 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 ~~sections 16, 25 30~~ and 44(~~3), the ''Wills Act'' applies only to wills made after 31 March 1960 (section 44(1)~~).

	~~''WESA'' also applies~~ to ~~estates where there~~ is ~~no valid will~~, ~~known as an “intestacy”~~.		This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court, unless otherwise stated.

			The ''Wills, Estates and Succession Act'', SBC 2009, c 13 [''WESA''], came into force on 31 March 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.

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Clicklaw Editor at 21:34, 11 October 2022

2022-10-11T21:34:05Z

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	{{LSLAP Manual TOC\|expanded = wills}}		{{LSLAP Manual TOC\|expanded = wills}}

	This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court.		This chapter provides a summary of will preparation and estate administration procedure. In this chapter, any reference to a court is to the BC Supreme Court, unless otherwise stated.

	The ''Wills, Estates and Succession Act'', SBC 2009, c 13 [''WESA''], came into force on 31 March 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.		The ''Wills, Estates and Succession Act'', SBC 2009, c 13 [''WESA''], came into force on 31 March 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 on or after 31 March 2014, except where:		''WESA'' now applies to '''all''' wills in BC if the deceased dies on or after 31 March 2014, except where:

	* The will was validly made before ''WESA'' comes into force, but would be invalid under ''WESA''; or		* The will was validly made before ''WESA'' comes into force, but would be invalid under ''WESA''; or
	* The will was revoked before ''WESA'' comes into force (i.e. ''WESA'' will not revive validly revoked wills);		* The will was revoked before ''WESA'' comes into force (i.e. ''WESA'' will not revive validly revoked wills);

Clicklaw Editor at 21:24, 11 October 2022

2022-10-11T21:24:25Z

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	''WESA'' also applies to estates where there is no valid will, known as an “intestacy”.		''WESA'' also applies to estates where there is no valid will, known as an “intestacy”.



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LSLAP at 18:35, 6 August 2021

2021-08-06T18:35:49Z

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	* The will was revoked before ''WESA'' comes into force (i.e. ''WESA'' will not revive validly revoked wills);		* The will was revoked before ''WESA'' 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 sections 16, 25 30 and 44(3), the ''Wills Act'' applies only to wills made after 31 March 1960 (section 44(1)).		If you are seeking legal advice on an existing will, remember that except for sections 16, 25 30 and 44(3), the ''Wills Act'' applies only to wills made after 31 March 1960 (section 44(1)).

	''WESA'' also applies to estates where there is no valid will, known as an “intestacy”.		''WESA'' also applies to estates where there is no valid will, known as an “intestacy”.

← Older revision		Revision as of 19:31, 13 October 2025
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	{{REVIEWED LSLAP \| date= ~~August 20, 2024~~}}		{{REVIEWED LSLAP \| date= 16 July 2025}}
	{{LSLAP Manual TOC\|expanded = wills}}		{{LSLAP Manual TOC\|expanded = wills}}
	When a person dies, the property and possessions they leave behind become known as their '''estate'''. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 Wills, Estates and Succession Act]'', SBC 2009, c 13 [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.		When a person dies, the property and possessions they leave behind become known as their '''estate'''. Estates must be settled: debts and taxes must be paid, assets may need to be sold, and the property must be distributed. This work is done by the personal representative of the estate, who is appointed by the deceased’s will or by the court if a will does not exist. This process is governed by the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/09013_01 Wills, Estates and Succession Act]'', SBC 2009, c 13 [''WESA'']. See [[Estate Administration (16:XI)\|XI. Estate Administration]] and [[Duties of a Personal Representative (16:XII)\|XII. Duties of a Personal Representative]] for more details on estate administration. See [[Property in Wills and Estate (16:IX)\|IX. Property]] and [[Taxation: RRSP & RRIF & TFSA (16:XIII)\|XIII. Taxation: RRSP, RRIF & TFSA]] for more details on what property forms part of the estate and what property passes outside of the estate.