BC Estate Litigation Definitions: Words in WESA & What They Mean

BC Estate Litigation Definitions

Words in WESA & What They Mean

Legal terms can at times appear to be a bit foreign to a non-lawyer audience and this can cause confusion about the meaning of the term within the context of a piece of legislation. The Wills, Estates and Succession Act (“WESA”), provides a “Definitions and Interpretation” section at the beginning of the Act so that readers can clearly understand the meanings of specific terms.

Here are some of the more commonly used terms in Wills Variation and Estate Litigation and their definitions under WESA:

Terms & their definitions under WESA
  • beneficiary”means

(a) a person named in a will to receive all or part of an estate, or

(b) a person having a beneficial interest in a trust created by a will;

  • descendant” means all lineal descendants through all generations;
  • “estate” means the property of a deceased person;
  • “intestate”means a person who dies without a will;
  • “intestate estate”means the estate of a person who dies without a will;
  • “intestate successor”means a person who is entitled to receive all or part of an intestate estate;
  • “will”means

               (a) a will,

(b) a testament,

(c) a codicil,

(d) an appointment by will or by writing in the nature of a will in exercise of a power,

(e) anything ordered to be effective as a will under section 58 [court order curing deficiencies], or

(f) any other testamentary disposition except the following:

(i)   a designation under Part 5 [Benefit Plans];

(ii)   a designation of a beneficiary under Part 3 [Life Insurance] or Part 4 [Accident and   Sickness Insurance] of the Insurance Act;

(iii)   a testamentary disposition governed specifically by another enactment or law of British Columbia or of another jurisdiction in or outside Canada;

  • “will-maker”means a person who makes a will;

Related Information

Contact Kushner Law Vancouver Civil Litigation Lawyers

If you have a question about disputing a will or need help with Wills Variation and Estate Litigation in Vancouver, contact the Kushner Law Group at 604-629-0432 or contact us online to schedule a consultation.

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