By David Hobbs
Subject to some exceptions, the Wills Estates and Succession Act (“WESA”) came into effect on March 31, 2014.
WESA resulted in the repeal of prior wills and estates legislation, on a transitional basis including; Estate Administration Act and Supplement thereto); Probate Recognition Act; Wills Act; and Wills Variation Act.
WESA has transitional provisions which define in what circumstances WESA applies as opposed to the various legislation WESA replaced.
The fundamental rules in WESA (Part 2), the WESA legislation dealing with when a person dies without a will (intestacy) (Part 3) and the legislation addressing administration of estates (Part 6) apply in respect of deaths occurring on or after the date on which the parts of WESA came into force being March 31, 2014.
Subject to sub-sections (2) and (3) of s.186 and s.189 of WESA, Part 4 (Wills) of WESA applies to a will, whenever executed, if the will-maker dies on or after the date on which Part 4 came into force being March 31, 2014.
Part 5 (Benefit Plans) of WESA applies to a designation, whenever made, if the participant dies on or after the date on which Part 5 came into force being March 31, 2014.
Administrations and probates granted before March 31, 2014 under prior legislation repealed by WESA are deemed to have been granted under WESA.
Section 47 of WESA (property encumbered by a security interest) applies only to a will made on or after the date on which that section came into force being March 31, 2014.
In legal proceedings, with respect to any legislation repealed by WESA, the court may give directions or make any order that it considers necessary in the circumstances.