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| Backgrounder(s) & FactSheet(s): | Backgrounder |
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| Backgrounder(s) & FactSheet(s): | Backgrounder |
VICTORIA – New legislation
introduced today by Attorney General and Minister responsible for
Multiculturalism Wally Oppal will modernize and simplify the making of wills
and administering of estates.
Bill 28, the Wills, Estates and Succession Act, reduces the number of separate acts that involve estate law from seven to one, making the bill easier to use.
The legislation provides a simplified procedure for administering smaller estates.
Courts will also have the power to recognize non-compliant documents as wills. This helps ensure a person’s last wishes are upheld (provided there are no concerns about the will’s validity), even if their will wasn’t prepared by a lawyer.
The changes came about as a result of a B.C. Law Institute three-year review of
succession law by over 30 volunteers. The reviewers, drawn from notable
lawyers, notaries and legal academics specializing in succession law, published
their report and recommendations in 2006.
The ministry also conducted its own consultation to
obtain comments from organizations involved in wills and estates law and posted
a link to the B.C. Law Institute report, with a general request for submissions
through the ministry’s public website. The ministry received feedback and input
on the report from the legal community, Canadian Bar Association, estate and
financial planners, bankers and the public guardian and trustee.
Because this is a substantial change, the law will come
into force after a period of time to allow the public and legal community to
familiarize themselves with the new legislation.
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Public Affairs Officer Ministry of Attorney General 250 387-4962 |
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