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Wills & Estates Law in B. C.
IMPORTANT NOTE FOR UPCOMING 2014
It is anticipated that the Wills, Estates and Succession Act (the "WESA") will come into force in British Columbia in early 2014. It will change the law in British Columbia regarding wills, estates, succession and the process by Grants of Probate of a will and Grants of Administration of an estate are issued. THIS IS NOT YET THE LAW IN BRITISH COLUMBIA. [as of June 2013 date of this update]
The WESA will replace the existing British Columbia Estate Administration Act, the Probate Recognition Act, the Wills Act and the Wills Variation Act. This list is not exhaustive and is no way intended to be a comprehensive list of the up-coming changes.
With Regard to wills:
With regard to intestacy, where there is no will:
Other changes of substance include:
With regard to procedural matters, there will be new rules or regulations on how a representation grant may be obtained. The "Notice"e; given to beneficiaries and intestate successors would contained prescribed language advising of their possible rights in relation to the estate and the existence of limitation periods for pursuing those rights. Instead of the current provision which permits "Notice" to be given almost concurrently with the filing of an application for a Grant, a new notice period of 21 days between sending the "Notice" and submitting the application for filing would be required.
There will be a new procedure for dealing with small estates (probably under $50,000) which do not include real property. There will be no formal grant of probate or administration but a personal representative would file a statutory declaration in the Probate Registry. The Probate Registry will merely enter a record of the filing of the small estate declaration in the civil registry system and stamp and return a copy to the personal representative.
Note: the above update is NOT to be seen as legal advice, it is to assist the public viewer about anticipated changes in 2014 to the law regarding Wills and Estates. For the most current information about the law and preparing a will, please go to a lawyer experienced in the area of wills and estates law, for a consultation and assistance in updating or preparing your will. Thank you for visiting Lawyers-bc.com 2013.06.06 bcp/lbc
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