What Is WESA? BC's Estate Law Explained in Plain English

WESA at a glance

The Wills, Estates and Succession Act (WESA) is British Columbia's primary estate law. It came into effect on March 31, 2014, replacing three older statutes:

• The Wills Act (how wills are made and revoked)
• The Estate Administration Act (how estates are managed after death)
• The Wills Variation Act (how wills can be challenged)

By consolidating everything into one law, WESA made BC's estate rules more coherent and modernized several outdated provisions.

What WESA covers: part by part

Part 1: General provisions and definitions

This section defines key terms. The most important definition is "spouse" — WESA defines a spouse as either:

• A person legally married to the deceased, or
• A person who lived with the deceased in a marriage-like relationship for at least 2 continuous years

This was a major change. Before WESA, common-law partners had fewer estate rights. Now they're treated the same as married spouses for inheritance and will variation purposes.

Part 2: Making, revoking, and interpreting wills

This section covers the nuts and bolts of wills:

• Who can make a will: Anyone 16 or older who is mentally capable
• Formal requirements: Must be in writing, signed by the will-maker, and signed by two witnesses who are present at the same time
• Witnesses: Cannot be beneficiaries under the will (or their spouses)
• Revocation: A will is revoked by a new will, by physical destruction, or by written declaration
• Marriage and divorce: Marriage no longer automatically revokes a will (a change from the old law). Divorce revokes gifts to the former spouse.

Part 3: Intestacy (dying without a will)

This section sets out the rules for how assets are distributed when someone dies without a valid will. The key rules:

• Spouse, no children from another relationship: spouse gets everything
• Spouse + children from another relationship: spouse gets $150,000 preferential share + 50% of the rest
• Children, no spouse: children share equally
• No spouse or children: parents, then siblings, then extended family
• No family at all: estate goes to the BC government

For a full breakdown, see: What Happens If You Die Without a Will in BC?

Part 4: Will variation

WESA allows certain people to ask the court to change the distribution in a will if they believe the will doesn't make adequate provision for them. Only two categories of people can apply:

• Spouses (including common-law after 2 years)
• Children (including adult children)

The application must be made within 180 days of the grant of probate. The court considers the will-maker's reasons, the claimant's needs, the size of the estate, and community standards.

This is why executors should wait at least 210 days before distributing assets.

Part 5: Estate administration

This section covers the executor's authority and duties, including:

• The right to apply for probate
• The duty to manage estate assets prudently
• The requirement to account to beneficiaries
• Rules for executor compensation
• The process for removing an executor

For more on executor duties, see: Executor Duties in BC

Key changes WESA introduced

Where to read the full text

WESA is publicly available on the BC Laws website. You can read the complete text at no cost. It's written in legal language, but with the context from this guide, the structure should be navigable.

Does WESA apply to my situation?

WESA applies to:

• All deaths occurring on or after March 31, 2014
• People who were residents of British Columbia at the time of death
• Real property located in BC, regardless of where the owner lived

For deaths before March 31, 2014, the older laws still apply.