Revocation of Wills Post WESA

Revocation of Wills Post WESA

The introduction of the Wills Estates and Succession act (WESA) on March 31,2014 made a few  significant changes to the law relating to the revocation of wills. Probably the most significant change was that marriage after the execution of a will no longer revokes a… Read more

Can An Unwitnessed Will be Valid?

Unwitnessed Will Valid

Section 58 WESA was once again successfully used in Re Litke Estate 2017 BCSC 1079 to find a hand written unwitnessed signed “will-like” document to be a valid will. Such documents are now routinely found valid by the courts if certain criteria are met. The… Read more

Gifts to Witnesses – S. 43 WESA

witnesses of a will and declares that such gifts are void, unless the court is satisfied that the will maker intended to make the gift to the person even S. 43 of  WESA governs the issue of gifts to though the beneficiary or his or… Read more

Section 58 WESA: Journal Not a Will

Section 58 WESA: Journal Not a Will

Re Hadley Estate 2016 BCSC 765 held that an unwitnessed  journal entry written by the deceased in her daily entry and stated to be  ” my last will”  will, was not in fact her last valid will under the curative provisions of section 58 WESA. The… Read more

Wills Made In Another Country Easier to Prove Under WESA

Wills validly made in foreign countries will be easier to prove under WESA S.80 The criteria are reasonable and not onerous to meet. Validity of wills made in accordance with other laws 80  (1) A will is valid as to the formal requirements for making the will 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 – Priority for Appointment of Administrator In Intestate Estates

Section 130 of WESA is a new section that provides for a priority of the various persons who may be entitled to apply for a grant of administration where the deceased died without a will (intestate)   The spouse has priority but may nominate another… 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

Power of Citations Expanded

Power of Citations Expanded Under WESA New Probate Rule 25-11 greatly expands the power and effect of issuing a Citation. The form prescribed in P32 is much more detailed in the information required. The person cited with the Citation has 14 days of personal service… Read more