Difference between revisions of "Introduction to Wills and Estate Administration (16:I)"

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{{REVIEWED LSLAP | date= June 30, 2023}}
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{{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.
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.
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• The will was revoked before WESA comes into force (i.e. WESA will not revive validly revoked wills);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”.


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.


{{REVIEWED LSLAP | date= August 4, 2020}}
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]]).
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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.
 
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.
 
 
{{LSLAP Manual Navbox|type=chapters15-23}}

Latest revision as of 21:06, 29 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 30, 2023.



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 XI. Estate Administration and XII. Duties of a Personal Representative for more details on estate administration. See IX. Property and 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 VIII. Intestacy and XI. Estate Administration for more information.

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 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 IV. Mistakes and Alterations in a Will, VI. Revocation of a Will, and 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 VII. Wills Variation Claims). There are also specific rules that may affect certain Indigenous people and people living on certain Indigenous lands (see 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 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.

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.


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.