Marriage No Longer Revokes a Will Under WESA

Marriage no longer revokes will under wesaRevocation 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 automatic revocation of a will by subsequent marriage of the will-maker is abolished under the WESA (s. 55(1)), the way in which the exception operates depends on the sequence in which the execution of the will, the marriage, the effective date of Part 4 of the WESA, and the date of death occur.

If a will is revoked because of the marriage of the will-maker before Part 4 is brought into force, the clear meaning of s. 186(3) is that its entry into force does not revive the will.

For a detailed overview of the law relating to the revocation of a will , please visit my blog dated November 19,2014.

There is a blog on the presumption that a lost will is revoked on the November 3, 2011 blog

and a further article on revocation of wills on March 12, 2014.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 40 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.

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