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

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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.
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.
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:
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 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* The will was revoked before the Act comes into force (i.e. ''WESA'' will not revive validly revoked wills);
* The will was revoked before the Act comes into force (i.e. WESA will not revive validly revoked wills);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)).
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”.
WESA also applies to estates where there is no will, known as an “intestacy”.


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Revision as of 17:34, 2 November 2017



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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