Making and Executing a Will (16:III): Difference between revisions

After the will is complete, a Wills Notice should be filed with the Department of Vital Statistics in Victoria (''WESA'', at s 73). The purpose of the notice is to record the existence and location of the will and make it easier to find the will after the will-maker’s death. A will-maker is not required by law to file a Wills Notice. However, it is recommended as a wills search must be undertaken by the Executor or Administrator before the Letters of Probate or Letters of Administration are granted.

A Wills Notice should be filed whenever a will is made, revised, revoked or moved or whenever a codicil is executed. In order to file a Wills Notice, the will-maker must have the following information:

* Legal name and date of birth

* Place of birth

* Date the will was signed

* Location of the will; and

* The date the note was filed with the Vital Statistics Agency  

There are three ways of filing a Wills Notice, either online, by mail, or in person. All three of these methods require a $17.00 charge for filing, payable to the Minister of Finance. Forms are available from: Vital Statistics Agency, Web site: www.vs.gov.bc.ca/forms/index.html. If filing by mail is preferred, then the VSA 531 form must be completed and mailed to:  Vital Statistics Agency, PO Box 9657 Stn Prov Govt, 818 Fort Street, Victoria, BC V8W 9P3.

Finally, VSA 531 can be submitted in person to any service BC locations. Locations can be found at http://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/technology-innovation-and-citizens-services/servicebc

If a will is made with LSLAP, the forms are also on file in the LSLAP office. A copy of the notice should be made and the original notice should be sent to the Vital Statistics Agency. The copy should be either kept with the will or with the personal representative. Do not send a copy of the will. Students may not sign the notice as the client’s solicitor. The client must sign the form.