WESA #14 – Significant Changes To Intestacy, Including Spousal Share Increased

Significant Changes To Intestacy, Including Spousal Share Increased Where there are no descendants of the deceased, a spouse will still inherit the entire estate on an intestacy under WESA. There are however significant changes when there are descendants of the deceased person in addition to… Read more

WESA #13 – Definition of Spouse To Be Changed to Eliminate Two Year Limitation For Wills Variation Actions

WESA # 13 – Definition of Spouse to Be Changed To Eliminate Two Year Limitation For WVA Claims Please ignore my recent blog on the effect of WESA and the Wills Variation act. It was no sooner written than the law is about to be… Read more

WESA #12 – Bequests to Former Spouses Lapse

Deemed Lapse of Gift to Result from Triggering Event under the Family Law Act Section 16 of the current Wills Act provides that gifts to a spouse are revoked only upon an order for judicial separation, judgment for divorce, or a court decree of nullity. Under… Read more

WESA #11- Definition of Will Expanded Due to Power of Court to Cure Defects

Definition of Will : (a)    a will, (b)       a testament, (c)        a codicil, (d)       an appointment by will or by writing in the nature of a will in exercise of a power, (e)       anything ordered to be effective as a will under section 58 [court order… Read more

WESA – The Effect of Adoption (Section 3)

The Effect of Adoption (Section 3) A  “pre adoption parent” is defined as the person who, before the adoption of a child, was the child’s parent. Section 2 provides    that subject to  section 3, if a child is adopted, then: a)      The child is not… Read more

WESA and the Wills Variation Act

WESA and the WILLS VARIATION ACT In its initial report in 2006, the British Columbia law Institute recommended changes to the British Columbia Wills Variation Act on the basis that British Columbia law should conform with the rest of Canada. The report proposed that the… Read more

WESA #7 – What is WESA and the New Definition of Spouse

WESA #7 – What Is WESA and the New Definition of Spouse In one month’s time, significant changes will be introduced to the laws of Wills, Succession and Estates with several acts being repealed and rolled into one New Act called Wills, Estates , Succession… Read more

Vancouver Sun Quotes Disinherited.com Widely On WESA Laws

New WESA laws take effect on April 1,2014. The Wills, Estates and Succession Act passed by the B.C. legislature on Sept. 24, 2009, finally comes into force in the new year and it’s a sweeping change. After March 31, the new law brings together and… Read more

WESA Section 58

The wills, estates, succession act WESA is scheduled to come into effect on March 13, 2014. This is the third blog by disinherited.com on some of the more significant changes that will be made in the new legislation. WESA Section 58 introduces a radically significant… Read more

Lost Wills

Lost Wills An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the courts will be more willing to allow copies of wills as proof of the testator’s intention to more easily admissible into probate. Many… Read more

Wills, Estates and Succession Act (WESA) To Come Into Force In Spring 2014.

The long awaited Wills, Estates and Succession Act (WESA) legislation is expected to come into effect within the next 5-6 months with an amalgamation of the Estate Administration Act, The Wills Act, The Wills Variation act rolled into one new overhauled statute. Initially the legislation… Read more

Estate Funds Not to Be Used To Defend Wills Variation Claim ( S. 60 WESA)

Defendants may not use estate funds to defend their personal interests in wills variation cases ( now section 60 WESA) As plaintiff’s counsel, Steernberg v. Steernberg Estate (2007), 33 E.T.R. (3d) 78, 74 B.C.L.R. (4th) 126, 40 R.F.L. (6th) 106, 2007 BCSC 953, 2007 CarswellBC… Read more