WILLS ESTATES AND SUCCESSION ACT A look behind the scenes: From a Registrar’s Perspective
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WILLS ESTATES AND SUCCESSION
ACT
A look behind the scenes: From a Registrar’s Perspective
Introduction:Chilliwack Law Courts
Wills Estates and Succession Act
Passed Third Reading September 24, 2009 Came into effect March 31, 2014
With Change comes “hick-ups”The CONTINUING LEGAL EDUCATION SOLIETY OF BRITISH COLUMBIA states:
“The new Wills Estates and Succession Act is a consolidation of long standing succession laws. It also contains many new provisions which will take time to
incorporate into a wills and estate practice, particularly where the courts will need to
interpret the legislative intent.”
With Change comes: “hick-ups”
“21 days”
Davies Estate 2014 BCSC 1233
With Change comes: “hick-ups”
JULY 1, 2015 ORDER IN
COUNCIL NO. 332
Top Reasons for Corrections:
Not proofreading documents
Top Reasons for Corrections:
Not proofreading documents
Places left unanswered
Top Reasons for Corrections: Not proofreading documents Places left unanswered
“also known as”
PART 1 — INFORMATION ABOUT THE DECEASED
Full legal name of deceased:...................................... Other names in which the deceased held or may have held an interest in property:123 etc.
Top Reasons for Corrections: Not proofreading documents Places left unanswered “also known as”
Wrong Registry result of “Court shopping”
Top Reasons for Corrections: Not proofreading documents Places left unanswered “also known as” Wrong Registry
Assets & Liabilities
May 4, 2012Master Baker
“unless a party can demonstrate how the ‘new’ value applies to the time of death, then the original estimate of value, as attested to in the first instance, should apply and no change to the values or
probate fees should occur”
Top Reasons for Corrections:
Not proofreading documents Places left unanswered “also known as” Wrong Registry Assets & Liabilities
To serve or not to serve
What WESA has done:
Stream lined the process
Cut down on misinformation
What the Registrar likes: Keep it clean
-delete all instructions
What the Registrar likes: Keep it clean
-delete all instructions
-remove all paragraphs that are not applicable
What the Registrar likes: Keep it clean
-delete all instructions
-remove all paragraphs that are not applicable
-using the latest forms (July 1, 2015)
“Darned if you do and darned if you don’t”
Nitpicky: why we are
Play it safe! Do as the Registrar asks
Learn the “tricks of the trade” for each Registry
Play it safe!
“Our decision is appealable, not arguable”
Conclusion: WESA has been crafted in a way that is
very user friendly Find out the process at a Registry and
see if it fits your needs and the needs of your client
If there is something out of the ordinary, or the forms do not give a complete story, let us know
…and last but not least:
Don’t call for
status updates!
Questions:(of a non-legal nature)
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