The experienced BC contested and disputed wills and estate litigation lawyers at MacLean Estate Litigation handle Wills disputes across BC. Our estate and Will dispute offices are located in Vancouver, Surrey, Fort St John and Kelowna.
Anne Hutchinson of our Fort St John office warns that New WESA legislation has changed the way a marriage impacts a BC Will that could present disaster for the unwary will-maker and their intended beneficiaries. A BC Marriage No Longer Revokes Your Will.
Contested and Disputed Will Alert- The Rules Have Changed!<
Wills used to be automatically revoked when a testator married. This prevented an ex-spouse from benefiting after a relationship broke down, simply because their ex forgot to change their will. But it also meant other beneficiaries in the will lost their rights set out in that Will as well. Many people were not aware of this with the result that people unknowingly died without a valid will in place.
New Act
On March 31, 2014, a new law called the Wills, Estates and Succession Act, or WESA, came into force. Under WESA, marriage no longer revokes an existing will. This has a huge impact on anyone who is re-marrying. On the one hand, remarriage when a spouse is in their 70’s and 80’s are not uncommon and may present no risk if both parties are of sound mind with their own estates. However, a person who suffers from mental health difficulties and most importantly capacity issues due to Alzheimer’s or another disease may be a ripe target for unsavory predators or “gold-diggers”.
We repeat: BC Marriage No Longer Revokes Your Will!
WESA has introduced provisions that stipulate that married spouses who are separated cease to be considered spouses, and so if certain conditions are met they cannot challenge each other’s Wills and unmarried persons in a marriage-like relationship cannot challenge after their relationship is terminated.
How Do I Correct An Unfair Will?
However, wills can be varied if they inadequately provide for an existing spouse or children. If you have an estate dispute, contact our experienced litigation lawyers to assist you with contested will disputes.
What Can I Do So My Will Is Correct After I Separate?
The point of having a will is to ensure that your wishes are carried out after you die. A properly drafted separation agreement can prevent this situation coupled with a new will. It is important to know that your old will can still be revoked by making a new will. Be certain to talk to Maclean Family Law and Estate litigation lawyers about the consequences of re-marriage on your will. Please note that if you married before WESA came into force on March 31, 2014, your pre-existing will would have been revoked. The new law does not revive any previously revoked will.
Let our skilled and compassionate Will dispute, Will variation, unfair wills, and contested estate litigation lawyers help you. Call us toll-free across BC at 1-877-602-9900.
