WESA #33 – It Starts Tomorrow – The Transition Rules

RULE 25-16—TRANSITION Rules 61 and 62 which had been around for at least three decades are now repealed and replaced with Rule 25-16 The Transitional Provisions, Repeals and Consequential and Related Provisions are set out in Sections 185-190 of WESA Definition (1) In this rule,… Read more

WESA Definitions Under the Probate Rules

  There are so many new terms used in both the WESA Act and its Probate Rules ( 25-1) . Perhaps more importantly, the definitions used in both the Act and the Rules often give rights and powers in and to them selves, such as… Read more

WESA #31- Definitions Under The Act

Definitions Under The Act PART I —DEFINITIONS AND INTERPRETATION I (I) In this Act: “beneficiary” means (a) a person named in a will to receive all or part of an estate, or (b) a person having a beneficial interest in a trust created by a… Read more

WESA #30 – Powers of Subpoenas for Testamentary Documents Increased

Powers of Subpoenas for Testamentary Documents Increased New Rule 25- 12 of WESA greatly expands the subpoena process in obtaining testamentary documents and grants. Rule 25-12 (1) allows a person to apply for a subpoena to require a person to deliver to the registry a… Read more

WESA #28 – Notices of Dispute Replace Caveats

Up to the introduction of WESA on March 31 next, a disputant of an estate could file a caveat which was good for six months, and which could be renewed as many times as necessary for a further six months at a time. Rule 25-10… Read more

WESA – Court Can Rectify a Will

Following upon section 58 of WESA, section 59 radically expands the courts powers to rectify a will and allow it to carry out the will maker’s intentions. It does not matter if the court is sitting as a court of construction or as a court… Read more

WESA #25 – Definition of Will Expanded

Definition of Will Expanded Under WESA the definition of will is expanded to include the will itself, a testament, a codicil, an appointment by will or writing in the nature of a will in exercise of a power, and under s 58, anything ordered by… Read more

WESA #24 – Distribution to Descendants

A descendant under WESA is defined in S 1 (1) as all of lineal descendants through all generations. It in effect replaces the word “issue” that in S 85 of the Estate Administration Act had been defined as ” all lineal descendants of the ancestor”…. Read more

WESA #23 – Distribution of Estate Assets

Distribution of Estate Assets S155 (1) is similar to the six-month provision that had been in section 12 of the Wills Variation act, except for the fact that it is now being changed from six months to 210 days that assets of the estate cannot… Read more

WESA # 22 – PRIORITY RANKING OF POTENTIAL ADMINISTRATORS

PRIORITY RANKING OF POTENTIAL ADMINISTRATORS This is a brand new provision to WESA. The spouse has priority but may also nominate someone else , be it a child of the marriage or a financial institution, and that appointed party will have the same priority to… Read more

WESA #21- Beneficiaries and Intestate Successors Can Now Sue Estate With Leave

In estate disputes, it is often disappointed beneficiaries or the intestate successors who failed to inherit that wish to contest the estate. The personal representative of the estate, be it an executor or court appointed administrator, may refuse to initiate or defend a court action… Read more

WESA #20 When the Estate Assets are Not Sufficient

When the Estate Assets are Not Sufficient Section 50 is one of the reforms found in the WESA that results in minimizing or eliminating the historical distinctions between real and personal property. This section deals with situations where the estate is not large enough to… Read more

WESA “Hotpotch” and Some Presumptions Eliminated

WESA #19 – “Hotpotch” and Some Presumptions Eliminated Common Law Presumptions Abrogated. Historically there has been a presumption that where there was a gift in a will, and after the will was made, the will maker made an inter vivos gift or promised to make… Read more

WESA # 18 – Gifts to Will Witnesses Can Be “Saved”

Gifts to Will Witnesses Can Be “Saved” Section 11 of the current Wills Act provides that a witness to a will, or a spouse of the witness to the will cannot receive a gift under the will, as the gift will lapse. For example currently… Read more

WESA # 17 – Marriage Will No Longer Revoke a Prior Will

Marriage Will No Longer Revoke a Prior Will For many decades now, marriage was able to revoke a prior will unless the will was made in contemplation of marriage to that future spouse. This was generally not known to the public and undoubtedly caused much hardship … Read more