For the British Columbians who do not have a will, now is the perfect time to prepare one.
The provincial government's new Wills, Estates and Succession Act came into force on Monday and, according to Justice Minister Suzanne Anton, the legislation makes estate planning simpler and easier for the general public to understand.
The act streamlines seven old acts into a single piece of legislation and gives the courts the authority to recognize non-compliant documents as wills. It also clarifies the process of inheritance when a person dies without leaving a will and lowers the minimum age at which a person can make a will, to 16 from 19 years old.
New rules for probate - the process of applying to the court for a ruling on whether a will
is legally valid - also comes into effect in conjunction with the act. The new rules establish province-wide standards for probate court procedures and create new intuitive, standardized forms for the public to use.
The new legislation does not invalidate wills made before it came into effect but some of the laws governing the interpretation of wills have been changed, so it may be worthwhile for those who already have a will to have it reviewed by a lawyer to ensure their wishes are upheld.
According to the Society of Notaries Public of B.C., 45 per cent of adult British Columbians do not have a will.
Concurrent with the new act coming into effect, the provincial government has also declared March 31 to April 6 Make-a-Will Week. For more information on how to make a will, visit www.ag.gov.bc.ca/make-a-will.
