Spousal Rights in BC

The upcoming Wills Estates and Succession Act (WESA) is generating significant buzz within British Columbia's legal circles, slated for implementation on March 31, 2014. In our previous discussion, we delved into the transformative changes brought about by this legislation, which consolidates several existing laws. Today, we spotlight a pivotal alteration in BC's wills variation framework under WESA.

Historically, the essence of a will is to empower the creator (the "Testator") to distribute their assets as they see fit. However, BC stands unique, having permitted exceptions to this principle via the Wills Variation Act (WVA). Essentially, the WVA empowers a spouse or child, feeling marginalized by a will, to contest it, urging the court to amend the will to ensure "adequate, just, and equitable" provisions.

With WESA's advent, the WVA will be integrated into it. While many aspects remain unchanged, a notable shift pertains to the definition of a "spouse". Previously, the WVA recognized a "spouse" as someone either legally wedded to the Testator or in a two-year "marriage-like relationship" preceding the Testator's demise. WESA introduces a clear demarcation: married individuals separated for over two years prior to one's passing lose their right to challenge the will under this act. This amendment aims to prevent scenarios where long-separated yet legally married individuals can contest a will.

While WESA's introduction doesn't drastically alter the wills variation landscape, this redefinition is crucial. But what about those in common-law relationships who end their bond right before passing? Stay tuned to Infinity Law's insights on this intriguing situation in our upcoming post.