Overview Of The Wills, Estates And Succession Act

PRACTICE ALERT—TRANSITIONAL PROVISIONS

NOTE: the sections of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, reproduced in this Manual came into force on March 31, 2014, by B.C. Reg. 148/2013.

Section 185 provides that Parts 2, 3 and 6 of the Wills, Estates and Succession Act apply to deaths occurring on or after March 31, 2014.

Section 186 states that Part 4 applies to wills, whenever executed, if the will-maker dies on or after March 31, 2014. A valid will made before March 31, 2014 is not invalidated by the repeal of the Wills Act or the Wills Variation Act. Similarly, a will validly revoked before March 31, 2014, is not revived.

Section 188 provides that where administration or probate was granted under the Estate Administration Act before March 31, 2014, the grant is deemed to have been granted under the Wills, Estates and Succession Act.

The Wills, Estates and Succession Act consolidates provincial legislation governing the administration of estates. It incorporates provisions of the former Estate Administration Act, the Probate Recognition Act, the Wills Act, and the Wills Variation Act. It also includes the survivorship presumptions that were formerly included in the Presumption of Death Act.

The Wills, Estates and Succession Act is selective in its coverage, and it should be considered in conjunction with common law principles.

GENERAL EFFECT ON LAND TITLE PRACTICE

The sections of the Act included in this Manual deal with the registration of title in the name of personal representatives, dealings with land by personal representatives, and the registration of such dealings.

Sections 5 to 11 set out the survivorship rules. Sections 20 to 35 deal with intestacies and a surviving spouse’s entitlement to the spousal home of the intestate.

Sections 60 to 72 deal with the variation of wills. Sections 69 and 155 deal with time limits in relation to the distribution of estates and registration in the land title office.

Part 6 deals with the administration of estates, the powers and duties of personal representatives, and the discharge, removal and substitution of personal representatives.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Sections of the Wills, Estates and Succession Act should be read in conjunction with relevant provisions of the Land Title Act, including s. 180 (recognition of trust estates), ss. 263 to 268 (transmission of fee simple and charge on death of will-maker or intestate), and ss. 269 to 270 (transmission of fee simple and charge on death of joint tenant).

Secondary Sources

See generally the discussion in chapter 10 (Transmission and Transfer of Assets in Estate Administration) of the British Columbia Probate and Estate Administration Practice Manual, 2nd ed. (CLEBC, 2007–).