Wills Estates and Succession Act BC: What Executors Must Know

The Wills, Estates and Succession Act — WESA — is the central piece of legislation governing estates in British Columbia. It replaced the old Wills Act and Estate Administration Act in 2014, and it changed several rules that families still operate under old assumptions about. If you are settling an estate in BC, there are four parts of WESA you need to understand before you do anything else.

Who Is a "Spouse" Under WESA

WESA defines spouse more broadly than most people expect. A spouse includes:

• A legally married person, and
• A person who lived with the deceased in a marriage-like relationship for at least two years

This means a common-law partner of two years or more has the same legal rights as a legally married spouse — including the right to inherit under intestacy and the right to bring a wills variation claim. This creates genuine complexity in blended family situations and long-term cohabitation. If there is any question about the deceased's relationship status at the time of death, the estate may face competing claims before distribution is possible.

Intestacy Rules: Who Inherits When There Is No Will

If the deceased died without a valid will, WESA dictates who inherits using a parentelic system. The outcome depends on who the deceased left behind:

Spouse only, no descendants: The spouse inherits the entire estate.

Spouse and descendants, all shared: The spouse receives all household furnishings, a preferential share of the first $300,000 of the estate, and 50% of the remainder. The descendants split the other 50% equally.

Spouse and descendants, some from a different relationship: The spouse's preferential share drops to $150,000, plus 50% of the remainder. Descendants split the other 50%.

No spouse, descendants only: Descendants inherit equally.

No spouse, no descendants: The estate passes up the family tree through increasingly remote relatives using the parentelic system.

The $300,000 and $150,000 figures are statutory — they are set by regulation and may be adjusted over time. Verify current amounts at the BC government website when you are administering an estate, as legislative amendments can change these thresholds.

The most important thing about these rules: surviving spouses routinely assume they inherit everything. Under WESA, that is only true if there are no descendants from outside the relationship, or if there are no descendants at all. In blended family situations, the statutory formula applies rigidly, and the executor must follow it regardless of what the surviving spouse believes or expects.

The 210-Day Distribution Hold (Section 155)

This is the provision that surprises most executors. Under Section 155 of WESA, no estate assets can be distributed to beneficiaries until 210 days have passed from the date the Grant of Probate or Administration was issued by the court.

The reason for the 210-day hold is to protect potential wills variation claimants. Any spouse or child of the deceased has 180 days from the Grant date to file a claim challenging whether the will adequately provided for them. The additional 30 days gives that claimant time to formally serve the executor with notice of the claim.

If you distribute before 210 days without satisfying one of the limited exceptions, you become personally liable for the funds paid out if a court later awards more to a claimant. The funds come out of your own pocket, not the estate — because the estate has already been distributed.

The limited exceptions are strict: you need either a court order specifically allowing early distribution, or the written consent of every person who could potentially bring a wills variation claim — including adult children who were left little or nothing under the will, and any spouse (including common-law partners of two years or more).

In practice, getting written consent from all potential claimants is often impossible if family relationships are strained. The 210 days simply have to be observed.

Wills Variation Claims

WESA gives the court the power to vary a will if a spouse or child of the deceased was not "adequately provided for" given the deceased's legal and moral obligations. This is one of the broadest will-challenge provisions in Canada — BC is unusual in allowing children (not just spouses) to challenge wills for inadequate provision.

To bring a wills variation claim, a spouse or child must file the claim in BC Supreme Court within 180 days of the Grant of Probate being issued. If notice of a claim is filed, the 210-day distribution hold effectively becomes indefinite — distribution is stayed until the litigation resolves.

As an executor, your response to a wills variation claim is to adopt strict neutrality and stop all distribution immediately. Hiring an estate litigation lawyer is not optional at this point. Continuing to distribute while a claim is active, even to beneficiaries not involved in the dispute, leaves you exposed.

Powers of Attorney Become Void at Death

This point falls under WESA's companion legislation, but it is critical enough to state plainly: all Powers of Attorney and Representation Agreements become legally void the moment the person dies. There is no grace period.

Families frequently make the mistake of continuing to use a Power of Attorney to access bank accounts after death — to pay funeral expenses or cover immediate bills. This constitutes unauthorized access, even if done with entirely innocent intentions. The moment death occurs, the only person with legal authority to access the deceased's accounts is the executor named in the will, and even the executor must wait for the Grant of Probate before financial institutions will cooperate with releasing funds.

If you need to pay for funeral expenses before probate is granted, options include: using jointly held funds if applicable, using the executor's own funds and claiming reimbursement later from the estate, or negotiating a payment arrangement directly with the funeral home.

Understanding WESA is the foundation for every decision you make as an executor in British Columbia. The BC Estate Settlement Guide translates the key WESA provisions into a practical timeline — including templates for explaining the 210-day hold to beneficiaries who are pushing for early payment.

Key WESA Deadlines at a Glance

WESA is not forgiving of errors made under time pressure or grief. The statutory periods are rigid, and the personal liability mechanisms for executors who get it wrong are severe. If there is any complexity in the estate — blended family, unhappy beneficiaries, substantial assets — involve an estate lawyer before you start distributing.

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