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

WESA – Intestacy Rules Will Be “Parentelic”

WESA #16 – Intestacy Rules Will Be “Parentelic” One of the most significant changes under WESA and the Intestacy Rules is the change from that of distributing assets by way of consanguinity to that of “parentelic”. Under sections 86-89 of the Estate Administration Act  and its predecessors,… Read more

WESA # 15 – Court Has Flexibility to Structure Intestate Spouse to Better Afford to Continue Living In Matrimonial Home

Court Has Flexibility to Structure Intestate Spouse to Better Afford to Continue Living In Matrimonial Home As was recently blogged, under WESA on an intestacy, the surviving intestate spouse will no longer automatically be entitled to  a life interest in the matrimonial home. Section 33… Read more

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