Wills, Estates and Succession Act and Probate Rules - Jan. 7, 2014

The length of time depends on the complexity of the changes that need to be
completed prior to implementation.
13. Why did it take so long to announce WESA’s implementation date?
Although the act has already passed, the probate rules also needed to be changed
to align with the new act.
The ministry partnered with the B.C. Supreme Court and the B.C. Law Institute to
ensure there is a set of probate rules that works both for the public and courts.
Working collaboratively with these other organizations resulted in scheduling
challenges, due to competing priorities, so the project took a bit longer than originally
anticipated.
14. Why was the small estates provision left out?
It was no longer needed.
The benefit of the small estate procedure was that it would be simpler and faster.
In drafting the new probate rules, we have created prescribed forms very similar to
the small estate declaration proposed by the B.C. Law Institute.
The new rules make a distinction between simple and complex applications and
ensured that their processing is dependent upon the complexity of an application,
rather than the value of the estate.
Therefore, there wasn’t any advantage to these provisions, as all applicants will get
the same benefits under the new probate rules – those with simple applications in
particular.
As an example, simple applications are those where there is no apparently later will
that needs to be explained, where there are no issues surrounding the signing of the
will, where there are no hand written alterations to the will and no documents
referred to in the will that appear to be missing.
It should also be noted that the fee structure has not changed – individuals still will
not be required to pay probate fees if the estate is with less than $25,000.
15. How does the new law support First Nation treaty obligations?
As a result of treaty legislation, the Nisga'a First Nation and other Treaty First
Nations have authority to make their own land laws.
The new law clarifies how the new act will work – particularly around property
inheritance – in the context of Nisga'a and Treaty First Nation lands.
Certain property of a deceased member of a First Nation, such as cultural artifacts or
land, may be communally owned. Therefore, the deceased may not have an
unfettered right to give that property away under their will.
The legislation ensures that First Nations have a right to be informed when a
member of their nation dies, to ensure they can assert these communal rights, if
necessary