Attorney General
For the 45%(i) of adult British Columbians who do not have a will, now is the perfect time to prepare one.
The Province has proclaimed Make-a-Will Week in recognition of the new Wills, Estates and Succession Act (WESA) that came into force March 31, 2014. The new law makes estate planning simpler and easier for the general public to understand.
Throughout this week - March 31 through April 6, 2014 - the Province and various justice partners are raising awareness about the importance of creating or updating your will.
If you want certainty that your final wishes will be carried out, a will can help. A valid will can allow you to:
- Choose who will care for your minor children.
- Divide assets among people and organizations.
- Ease the burden when your loved ones administer your estate.
- Provide direction on funeral and burial preparations.
The new legislation does not invalidate wills made before it came into effect. Some of the laws governing the interpretation of wills have changed, so individuals who already have a will may choose to have it reviewed by a lawyer to ensure their wishes are upheld.
Quotes:
Attorney General and Minister of Justice, Suzanne Anton -
“This legislation is a further example of our commitment to modernize laws for all British Columbians. Make-a-Will Week is a reminder to citizens to put their last wishes in writing and the Wills, Estates and Succession Act has made doing so easier than ever.”
Amy Francis, chair of the Wills and Trusts Section of the Canadian Bar Association, BC Branch (CBABC) -
“The CBABC supports the efforts of Make-a-Will Week through a series of upcoming events. It is our hope that Make-a-Will Week will encourage British Columbians to create a will to care for the people and organizations they love. We look forward to working with the new WESA legislation.”
Learn More:
Make-a-Will Week: www.ag.gov.bc.ca/make-a-will
(i) According to a 2014 study by The Society of Notaries Public of B.C.
Media Contacts:
Lori DeLuca
Ministry of Justice
Government Communications and Public Engagement
250 953-3196
(flickr.com) 
(flickr.com) BACKGROUNDER
Wills, Estates and Succession Act comes into force
Passed by the legislature on Sept. 24, 2009, the Wills, Estates and Succession Act (WESA) streamlines seven outdated acts into one single act, making estate planning easier for the general public, while modernizing B.C.’s inheritance and succession planning laws.
Among its benefits, the act:
- Provides the courts with the authority to recognize non-compliant documents as wills and ensure a deceased person’s last wishes will be respected.
- Clarifies obligations relating to property inheritance in the context of Nisga'a and Treaty First Nation lands.
- Lowers the minimum age at which a person can make a will, from 19 to 16 years old.
- Clarifies the process of inheritance when a person dies without leaving a will.
New probate rules also come into effect in conjunction with WESA. Probate is the process of applying to the court for its ruling on whether a will is legally valid. The new rules help to shorten and simplify that process for citizens by establishing provincewide standards for probate court procedures. The new rules also create new intuitive, standardized forms for the public to use.
Succession law governs transmission of property and money to others, usually after death, through a will or testament in accordance with default distribution instructions in legislation. The law of succession has been among the most archaic areas of law. British Columbia’s legislation governing succession law was last comprehensively reviewed in 1920, with the roots of some provisions tracing back to the Wills Act of 1837 of England.
Government worked in close collaboration with stakeholders and the B.C. Law Institute to adopt this set of clear, comprehensive laws that relate to the administration of estates and wills, and to ensure there was adequate time for education and process changes before its implementation.
Media Contacts:
Lori DeLuca
Ministry of Justice
Government Communications and Public Engagement
250 953-3196
