Category: Wills
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Who Can Witness a Will in BC?
In British Columbia, a will must meet specific legal requirements, including rules about how it is witnessed. Generally, a will should be witnessed by two people who are at least 19 years old and are not beneficiaries or otherwise entitled to a gift under the will. Choosing the right witnesses matters because improper witnessing can […]
How Long Do You Have To Contest a Will in BC?
In BC, you generally have 180 days from the date the representation grant is issued to bring a wills variation claim. This applies if you are a spouse or child who was disinherited or believes the will does not make adequate provision for you. If you are challenging the validity of the will itself, different […]
What Is an Affidavit of Execution of Will?
Quick answer: An affidavit of execution is a sworn statement by one of the witnesses to a will, confirming that the will was signed and witnessed the way the law requires. It provides proof, later relied on in the probate application, that the will-maker signed the document in front of two witnesses who were present […]
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Who Can Contest a Will in Canada?
In Canada, spouses, children, beneficiaries, and others who would inherit if a will were invalid may have the right to contest it. The grounds for a challenge matter, as claims may involve unfair disinheritance, undue influence, fraud, lack of testamentary capacity, or improper execution. If you believe you have a valid claim, speak with an […]
Wills, Estates, and Succession Act BC
Quick answer: The Wills, Estates and Succession Act (WESA) is British Columbia’s main law governing wills, estates, and what happens when someone dies. In force since March 31, 2014, it replaced and consolidated several older statutes, including the Wills Act, the Estate Administration Act, and the Wills Variation Act. WESA sets out how to make […]
Wills Variation BC
In British Columbia, section 60 of the Wills, Estates and Succession Act lets a spouse or child ask the court to vary a will that fails to make adequate provision for them. A will-maker’s freedom to disinherit close family is limited, and any reasons given for disinheriting a spouse or child must be both valid […]
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What Is a Living Will | BC
Quick answer: In British Columbia, “living will” is a common label rather than an official legal term. The tools that actually do the job are the advance directive and the representation agreement. An advance directive, made under the Health Care (Consent) and Care Facility (Admission) Act, records your instructions accepting or refusing specific health care […]
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Estate Planning Checklist in BC
A BC estate plan usually needs four core documents: a will, an enduring power of attorney for your finances, a representation agreement for health and personal-care decisions, and up-to-date beneficiary designations. These are governed by the Wills, Estates and Succession Act, the Power of Attorney Act, and the Representation Agreement Act, and without a will […]
Challenge a Will in BC
A Last Will and Testament is made so that the instructions and wishes of the will-maker are followed after their death. What happens when surviving family members or other beneficiaries dispute the will or question whether the will is legally valid? A will can be challenged after the will-maker has died—but legal action is only […]
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What Kind of Lawyer Does Wills?
According to recent data, half of Canadians say they don’t have a will. Reasons people gave for not having a will included “I’m too young to need one,” “It’s too time-consuming to make a will,” and “I don’t have enough assets to make the process worthwhile.” Concern about cost was also cited as a factor. […]