Estate planning in British Columbia is governed by the Wills Estates and Succession Act (WESA). Whether you're writing a will, acting as an executor, or navigating probate, WESA outlines the legal framework for how your estate will be handled after death. Introduced in 2014, this legislation brought clarity and consistency to what was once a confusing patchwork of outdated laws.
This guide walks you through the key elements of WESA, what it means for you and your family, and how to avoid common pitfalls.
What Is the BC Wills Estates and Succession Act (WESA)?
The Wills Estates and Succession Act (WESA) came into force on March 31, 2014, consolidating several outdated statutes including:
- Wills Act
- Estate Administration Act
- Wills Variation Act
- Probate Recognition Act
WESA simplifies and modernizes estate laws in British Columbia. It covers:
- How wills are created and validated
- What happens if you die without a will (intestacy)
- The rights of spouses and children
- Estate administration and probate processes
- Legal disputes and will variation claims
Read Also: A Definitive Guide to Preparing a Will in BC?
Why WESA Was Created
Before WESA, BC's estate laws were scattered across several acts that hadn’t been updated in decades. This led to:
- Confusing legal interpretation
- Outdated language around family and marriage
- Inefficient probate and estate procedures
WESA aimed to make estate law clearer, fairer, and more flexible, especially for blended families and common-law relationships.
Who Does WESA Apply To?
WESA applies to:
- Individuals who die while ordinarily resident in British Columbia
- Wills signed on or after March 31, 2014
- Estates where probate is being filed in BC
Even if you wrote your will before 2014, if you pass away after WESA came into force, it will be interpreted under the new rules.
Key Sections of WESA You Should Know
1. Formal Validity of a Will (Sections 37–40)
WESA sets out strict rules for a will to be valid:
- It must be in writing
- Signed by the will-maker
- Witnessed by two adults who are not beneficiaries
However, under Section 58, the court may still recognize a document as a valid will even if it doesn’t meet formal requirements — as long as it reflects the testator’s clear intentions.
2. Intestate Succession (Sections 20–25)
If someone dies without a will, WESA defines how their estate is distributed.
Key points include:
- The spouse inherits the first $300,000 (or $150,000 if there are children from another relationship), plus half the remainder.
- The rest goes to children, grandchildren, or next of kin in a specific order.
- If there are no heirs, the estate may escheat to the provincial government.
3. Spouses and Common-Law Partners
WESA treats married spouses and common-law spouses (living together in a marriage-like relationship for at least two years) equally for estate rights. This includes:
- Inheritance rights when there's no will
- The ability to challenge a will for unfair distribution
4. Will Variation (Section 60)
If a spouse or child is disinherited or unfairly treated, they can apply to court under Section 60 for a will variation. The court can change the will to ensure it provides adequate, just, and equitable support.
5. Executor & Probate Rules
WESA outlines the role of executors and the probate process.
Key duties include:
- Locating the will
- Applying for probate (if required)
- Managing and distributing the estate
- Paying off debts and taxes
Additional Things you Need to Know
1. Effect of Marriage and Divorce on Wills
- Marriage no longer revokes a will (as it used to under old laws).
- Divorce or separation can revoke portions of a will related to the former spouse (gifts or executor roles), but the will itself remains valid.
2. Multiple Spouses
- WESA allows for situations where someone may have more than one spouse at the time of death (e.g., legally married and separated but also in a common-law relationship). Both may have rights under the estate.
3. Escheat to the Government
If no eligible heirs exist under intestate succession rules, the estate goes to the BC provincial government — a scenario WESA outlines clearly.
Common Mistakes People Make Under WESA
- Not updating a will after divorce or separation
- Assuming common-law spouses have no rights
- Failing to appoint an alternate executor
- Thinking a handwritten note is enough without proper witnessing
- Forgetting digital assets in estate planning
Read Also: Understanding the differences Between a Will and Estate Planning
How to Ensure Your Will Is WESA-Compliant
To avoid legal headaches:
- Use a lawyer or a trusted online estate planning platform
- Clearly name your executor and alternates
- Update your will after marriage, divorce, or new children
- Store your will securely and tell someone where it is
- Consider potential family disputes and address them early
Conclusion
The BC Wills Estates and Succession Act (WESA) is the foundation of estate planning and inheritance law in British Columbia. Whether you're drafting a will, managing an estate, or facing a legal dispute, understanding how WESA works is critical.
Taking the time to prepare a compliant will and name a responsible executor can help your loved ones avoid stress and confusion when the time comes.
Need Help with a Will or Estate Documents?
If you're in Clayton or nearby Surrey, visit us, the most trusted notary public in Clayton to get your will professionally prepared and ensure it complies with the BC Wills Estates and Succession Act. A notary can help you:
- Draft or update your will
- Confirm validity under WESA
- Provide certified copies and legal advice
Book your appointment with your local Clayton notary today and secure your estate with confidence.
Frequently Asked Questions (FAQ)
What is the Wills Estates and Succession Act (WESA) in BC?
The Wills Estates and Succession Act (WESA) is the main law in British Columbia that governs how wills are made, how estates are distributed, and what happens when someone dies without a will. It came into effect on March 31, 2014.
Who does WESA apply to?
WESA applies to anyone who dies while ordinarily resident in British Columbia, as well as to wills being interpreted or probated in the province.
Does marriage cancel a will in BC under WESA?
No. Unlike older laws, marriage does not revoke a will under WESA. However, divorce or separation can cancel certain gifts or appointments involving a former spouse.
What happens if someone dies without a will in BC?
If there is no valid will, WESA outlines who inherits the estate. Generally, the estate goes to the spouse and children. If there are no immediate relatives, it may go to distant relatives or, in rare cases, to the provincial government.
Can a common-law spouse inherit under WESA?
Yes. WESA recognizes common-law spouses who have lived in a marriage-like relationship for at least two years. They have inheritance rights similar to those of legally married spouses.
Can a will be challenged under WESA?
Yes. Under Section 60 of WESA, a spouse or child can apply to the court to vary a will if they were not adequately provided for. The court can modify the distribution to make it fair and equitable.