UNDUE INFLUENCE – WESA SHIFTS BURDEN OF PROOF SO MORE PLAINTIFFS WILL NOW WIN

Under s. 52 of the WESA Legislation , the onus of disproving undue influence has shifted to the person who has received the gift under the will where a position of domination and dependence exists between the will maker and the beneficiary. Prior to the… Read more

An Overview of WESA

New Estate Laws of British Columbia as of April 1, 2014 (WESA) After over 30 years of planning, the estate laws of British Columbia have received a recent major overhaul in a new statute called the Wills, Estates and Succession Act (WESA). It replaced and… Read more

Marriage No Longer Revokes a Will Under WESA

Revocation of a Will before Part 4 of the WESA came  into force on April 1.14, is not revived by virtue of Part 4 coming into force (s. 186(3)). This exception is of particular importance if the will-maker marries after making a will. As the… Read more

WESA# 37- S. 25 Allows For Removal of Executor

One of the most common complaints of estate litigants is the role, choice or behavior of the executor chosen by the deceased. The Courts are reluctant to remove an executor without valid reasons. For further in depth discussion of removal of executors, trustees ( personal… Read more

Vancouver Sun Quotes Trevor Todd re WESA

Ian Mulgrew: WESA, new wills and estates law brings sweeping change to B.C. Aims to provide greater certainty and simplify process for those distributing an estate The Wills, Estates and Succession Act (WESA) passed by the B.C. legislature on Sept. 24, 2009 finally comes into force… Read more

WESA #34- S. 2 Definition of Spouse Still Unclear

I was recently asked to write an article on the effect of WESA on the Wills Variation act for the Canadian Bar Association. There in fact are very few changes under WESA relating to the WVA, other than what the original definition of spouse had… Read more

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RULE 25-16—TRANSITION Rules 61 and 62 which had been around for at least three decades are now repealed and replaced with Rule 25-16 The Transitional Provisions, Repeals and Consequential and Related Provisions are set out in Sections 185-190 of WESA Definition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