Introduction to Wills and Estate Administration (16: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 B.C. 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 B.C. 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 B.C. 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• The will was revoked before the Act comes into force (i.e. WESA will not revive validly revoked wills);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”.

In law, (1) a written argument, or (2) a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief.

In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."