Our Vancouver disputed Wills and contested estate litigation lawyers deal with cases where Wills are varied as unfair or otherwise found inappropriate due to lack of capacity or undue influence amongst other things.
Our new WESA legislation came into effect on March 31, 2014. Big changes have been made where a Will maker has no Will at all. You owe it your surviving family members to leave a proper will. If you have a difficult Vancouver Wills dispute case you need to contact us right away
The law in BC before March 31, 2014 for intestacy (No Will) stated:
Intestate leaving spouse and issue
85 (1) In this section, “net value” means the value of an estate wherever located, both in and out of British Columbia, after payment of the charges on it and the debts, funeral expenses, expenses of administration and probate fees.
(2) This section applies if an intestate dies leaving a spouse and issue.
(3) If the net value of the person’s estate is not greater than $65 000, the estate goes to the spouse.
(4) If the net value of the person’s estate is greater than $65 000, the spouse is entitled to $65 000, and has a charge on the estate for that sum.
(5) After payment of the sum of $65 000, the residue of the estate goes as follows:
(a) if the intestate dies leaving a spouse and one child, 1/2 goes to the spouse;
(b) if the intestate dies leaving a spouse and children, 1/3 goes to the spouse.
(6) If a child has died leaving issue and the issue is alive at the date of the intestate’s death, the spouse takes the same share of the estate as if the child had been living at the date.
Further, if the family home was not given to the spouse as part of their share on death that spouse received a life estate in the family home.
NEW WESA INTESTATE RULES
The new WESA rules do away with an automatic right to live in the family home for life ( except in hardship cases) but give the surviving spouse the right to purchase that home from the Estate, within six months of the date of grant of probate. The amount a surviving spouse now receives will be dramatically larger than before under the new WESA rules. Our Vancouver BC Contested and Disputed Wills Lawyers warn dying without a Will increases the stress and confusion to your remaining family when they least need it.
Surviving Spouse and Children
The spouse receives $300,000 plus 50% of the residue.
Surviving Spouse and No Children
If there are no children, the spouse receives $150,000 plus 50% of the residue.
Our Vancouver, Surrey, Kelowna and Fort St John BC Contested and Disputed Wills Lawyers are pleased to assist you simply call us toll-free at 1-877-602-9900 to meet with us.
