McLarty WolfMcLarty Wolf

604-688-9542 | Toll Free: 1-855-688-9542
  • About Us
  • Practice Areas
    • Elder Abuse
      • Elder Financial Abuse
      • Committeeship
      • Misuse of Power Of Attorney
    • Estate Litigation
      • Wills Variation
      • Contested Wills
      • Contested Trusts
    • Contract Disputes
      • Breach of Contract
      • Business Disputes
      • Fraud
    • Real Estate Litigation
      • Land Ownership Disputes
      • Partition of Property
      • Construction
    • Insurance
      • Claim Coverage Denials
  • Our People
    • ROSS MCLARTY
    • MURRAY WOLF
    • ROBERT LO
    • ALLISON MORRELL
    • JORDANA BLAESER
    • RAYN ATTERBERRY
    • PEYTON STRAIN
  • Blog
  • Contact
  • Home
  • Trust and Estate Litigation
  • Inheritances Under WESA
 

Blog Post

Inheritances Under WESA

by Mclarty Wolf / Tuesday, 30 May 2017 / Published in Trust and Estate Litigation
Inheritances Under WESA | McLarty Wolf Litigation Lawyers

The Wills, Estates and Succession Act has significantly changed some portions of British Columbia law affecting wills, estates and inheritances. If you expect to inherit property in the future — or if you’ll leave property to heirs in a will — it’s important to understand the possible ramifications.

Lawmakers adopted WESA to modernize rules related to estates and wills. Since taking effect in 2014, the new law has helped resolve legal questions related to inheritances. It also has provided more leeway for courts to comply with the last wishes of deceased individuals.

What do you need to know about the law and how it might affect your inheritance or estate?

Effects for Spouses

WESA replaced several previous laws, including the Wills Act, Estate Administration Act, the Wills Variation Act, the Law and Equity Act, and the Survivorship and Presumption of Death Act. The new law also amended more than 40 existing statutes, and anyone over the age of 16 can now create a will in British Columbia.

One significant change relates to the ways spouses are treated under estate law. The previous Wills Act provided that if someone signed a will before they got married, the will automatically was revoked upon marriage unless it included a specific clause mentioning the impending marriage.

Under WESA, wills are not automatically revoked if the creator of the will marries.

The former law also provided that married people would be disinherited from the will of their spouse if they divorced or the marriage was annulled, but disinheritance didn’t apply to common-law spouses.

Under the new law, common-law spouses automatically become disinherited if the relationship dissolves. Married people are disinherited if the couple lives apart for more than two years and at least one member of the couple intends to live apart permanently. Spouses also are disinherited if the couple separates, and they remain disinherited if they get back together unless the will is amended to address the change.

Changes to Inheritance Procedures

It’s important to understand that the new law changes some of the rules relating to inheritances.

Under the former law, a surviving spouse could inherit property under the first spouse’s will — even if the surviving spouse died soon after. The new rules provide that an individual must survive for five days or more to receive a gift via a will.

When no heirs appear to have a claim on property of a deceased person, for example if the heirs died before the maker of the will,  and the will maker has no family members who would be entitled to share in the estate if the will maker had died without a will (intestacy) the estate now goes to the Crown. Under the former law, the executor would receive the estate’s assets in such a situation.

If a will includes land to be distributed among more than one beneficiary but doesn’t specify a co-ownership arrangement and the land can be divided into parcels, the new system specifies that beneficiaries accept the land as tenants in common in proportion to their interests.

Previously, someone who inherited mortgaged land would be required to pay the mortgage debt and would receive only the value of the land minus the debt. The new system extends the principle to all types of personal property. For any personal property with debts, the heir now becomes liable for the debt.

The new law also addresses the order in which assets are sold to pay off debts on an estate. Previously, personal property was sold first, followed by real property. Under the new rules, real property and personal property can be sold at the same time. The new law also simplifies categories of gifts to make it easier for heirs to use assets toward debt payment.

Wills Variation

It remains possible under WESA for a spouse or child who receives nothing or only a relatively small inheritance under a will to ask the court to vary the will on the basis that the will maker failed to make adequate provision for the proper maintenance and support of that person.  Where such a claim is made, the court will have to decide whether the will satisfied the will maker’s legal and/or moral obligations to the claimant in accordance with the legal principles set down in the seminal Supreme Court of Canada decision of Tataryn v. Tataryn Estate.

Challenging a Will Under WESA

WESA has simplified some rules relating to inheritances, but the law remains extremely complex and nuanced. If you believe that you have been treated unfairly in the disposition of a loved one’s will, it’s important to work with a lawyer who is experienced with estate litigation.

For a free initial telephone consultation, please contact McLarty Wolf Estate Litigation Lawyers at 604-688-9542.

What you can read next

Litigation Consultation | McLarty Wolf Litigation Lawyers
Should You Agree to Be a Trustee or Executor?
Trusts Claims Against Trustees | McLarty Wolf Litigation Lawyers
Trusts & Claims Against Trustees
Disinherited Spouses and Children | McLarty Wolf Litigation Lawyers
Disinherited Spouses and Children

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Categories

  • Contract and Commercial Litigation
  • Elder Law
  • Insurance
  • Mental Incapacity and Estate Litigation
  • Real Estate and Property Disputes
  • Trust and Estate Litigation

Recent Posts

  • Father and His Child Washing Hands in The Kitchen | McLarty Wolf Litigation Lawyers

    We say Committeeship/They say Conservatorship

  • Brain Statue Sample | McLarty Wolf Litigation Lawyers

    Stages of Dementia and Committeeship in British Columbia

  • 5 Small Wood Red Homes on The Table | McLarty Wolf Litigation Lawyers

    Partition of Property

  • Estate Documents | McLarty Wolf Litigation Lawyers

    How to Remove an Executor of an Estate

  • Breach of Contract and How Do I Take Action? | McLarty Wolf

    What is a Breach of Contract and How Do I Take Action?

ABOUT US

With a combined litigation experience of over 75 years, our lawyers have a consistent track record of providing sound advice and effective representation to resolve legal disputes for our clients. Our lawyers regularly appear on behalf of our clients in Supreme Court and are often able to resolve our client’s disputes by means of mediation and arbitration.

我们会说中文,请联系 604-688-4414 或 info@mclartywolf.com
我們會說廣東話,請聯繫 604-688-9542 ext. 5 或 info@mclartywolf.com

Terms and Conditions

PRACTICE AREAS

  • Elder Abuse
    • Elder Financial Abuse
    • Misuse of Power Of Attorney
    • Committeeship
  • Estate Litigation
    • Wills Variation
    • Contested Wills
    • Contested Trusts
  • Contract Disputes
    • Breach of Contract
    • Business Disputes
    • Fraud
  • Real Estate Litigation
    • Land Ownership Disputes
    • Partition of Property
    • Construction
  • Insurance
    • Claim Coverage Denials

CONTACT US

Phone: 604-688-9542

Toll Free: 1-855-688-9542

Fax: 604-688-9241

#1216-808 Nelson Street,
P.O. Box 12156

Vancouver, BC
V6Z 2H2

© Copyright 2020 - McLarty Wolf Law | Developed by soulpepper

TOP