New provincial legislation for wills and estate planning will come into effect on Sunday, replacing seven old acts with a single new law.
New probate rules also will come into effect in conjunction with the Wills, Estates and Succession Act (WESA).
"It was about clarity, streamlining and trying to make it simpler for people to make sure that their last wishes are appropriately captured," said Justice Minister Shirley Bond, the MLA for Prince George-Valemount.
Legislation the WESA replaced included provisions that dated back to the 1800s.
Highlights, according to the ministry, include:
- Providing the courts with more latitude to ensure a deceased person's last wishes will be respected;
- Making the process easier for a person to transfer the title of their spousal home when their spouse dies;
- Lowering the minimum age at which a person can make a will from 19 to 16 years old;
- Clarifying the process of inheritance when a person dies without leaving a will;
- Clarifies obligations relating to property inheritance in the context of Nisga'a and Treaty First Nation lands.
As for probate, or the process of applying to the court for its ruling on whether a will is legally valid, simple and complex cases will each have their own probate application forms.
"Shorter forms will be used for more simple cases, helping to speed up the probate process for the vast majority of estates," ministry officials said in a press release. "Longer forms will be required for those cases that are more complex, for example, if a page out of the will appears to be missing or the will was not signed properly."
The new legislation will not invalidate any wills made before it came into effect, officials added. "However, some of the laws governing the interpretation of wills may change, so individuals may wish to review their wills with a lawyer to ensure their wishes are upheld."
