Discuss how an estate would be divided if there was no will.

Cover specific scenarios such as

a single person with no spouse or kids, both spouses passing away with no kids, one spouse
passing with step-kids, etc.
In British Columbia, the distribution of an estate when someone dies without a will is governed
by the Wills, Estates and Succession Act (WESA), which sets out specific rules to ensure the
deceased's assets are allocated to their closest relatives in a manner that mimics a joint estate
plan. Here's a more unmistakable look at what happens under different family scenarios:
Scenario 1: Single with No Spouse or Children
If the deceased was single with no spouse or children, the estate goes to their parents. If the
parents have passed away, the estate is divided among siblings. The absence of siblings means
the estate goes to nieces and nephews, then further to the next of kin. If there are no surviving
relatives, the estate defaults to the government.
Scenario 2: Both Spouses Pass Away Without Children
Should both spouses pass away without a will and have no children, each spouse's estate is
distributed starting with their respective parents, siblings, etc. It’s important to remember that BC
law recognizes common-law partners as spouses for estate distribution under WESA, assuming
the couple lived together in a marriage-like relationship for at least two years.
Scenario 3: One Spouse Passes Away with Stepchildren
In cases where a spouse dies without a will and has stepchildren, those stepchildren do not
automatically inherit unless they were formally adopted by the deceased. The estate initially goes
to the surviving spouse. If there are no spouses or biological/legal children, the estate distribution
moves up the family tree to parents and siblings, excluding stepchildren, unless legally adopted
or provided for in a will.

Do you agree with how estates get divided when there is no will?
The intestacy rules aim to simplify and standardize the distribution of estates, reflecting
traditional family hierarchies and relationships. However, opinions on the fairness and
effectiveness of these rules can vary widely.
For some, the organized, bloodline-based distribution offers a straightforward solution that might
align with general expectations. Others might find these rules insufficient for reflecting the
nuances of modern family structures, such as including stepchildren, close friends, or charities
the deceased may have wanted to support.
Creating a will is paramount for ensuring your estate is divided according to your desires. This
allows for a tailored approach that accounts for all unique aspects of your personal and familial
circumstances. A will grants the opportunity to acknowledge individuals and causes important to
you inclusively beyond the confines of intestacy laws, ensuring your legacy is distributed as you
truly wish.

Are we able to give a gift to a witness of our will? Should this be allowed? Why or why not?
In British Columbia, the Wills, Estates and Succession Act (WESA) sets forth specific guidelines
regarding witnessing wills, particularly emphasizing the need to avoid potential conflicts of
interest by ensuring witnesses do not stand to benefit from the will. This legislation is designed
with three key objectives:
Preventing Conflicts of Interest: The act clearly stances to deter any potential conflicts of
interest that might arise if a witness to the will is also a beneficiary. Such a situation could
jeopardize the impartiality required of a witness, as their gain from the will could influence their
actions and cast doubt on the will's authenticity and the will-maker's intentions.
Safeguarding the Will's Integrity: Upholding the integrity of the will-making process is of
utmost importance. By mandating that witnesses have no financial or beneficial interest in the
will, the law aims to protect the process from fraud, undue influence, or coercion, ensuring that
the will genuinely reflects the will-maker's wishes without external pressures.
Ensuring Legal Validity: The legislation stipulates that any gifts made to a beneficiary who also
acts as a witness could be deemed void unless the witnessing is corroborated by additional,
unbiased witnesses who meet the legal criteria. This provision is crucial for the will's ability to
withstand legal examination, validating all bequests and ensuring they are carried out as
intended.
To mitigate any legal issues or challenges to the will's validity posthumously, it is highly
recommended that witnesses to a will are not beneficiaries. This practice reinforces trust among
all parties involved in the will-making process and guarantees the faithful execution of the will-
maker's last wishes.

What should be done with a will that has been revoked?

When a will is revoked in British Columbia, it's essential to follow a structured approach to
manage the revoked document appropriately, guided by the legal framework established in the
Wills, Estates, and Succession Act (WESA). Here’s a concise guide on handling a revoked will:
Identifying the Revocation Method: The first step involves understanding how the will was
revoked—whether through a subsequent will that expressly revokes all prior wills, physical
destruction with intent to withdraw, or another method specified under WESA.
Documenting the Revocation: It is advisable to keep a record of the revoked will, such as
retaining a copy labelled "revoked" or noting the revocation details (method, date, etc.) in the
testator's legal files. This documentation can be critical for resolving future disputes or questions
regarding the estate planning history.
Seeking Legal Counsel: It is recommended that you consult a legal expert in wills and estates to
navigate the complexities of revocation and ensure compliance with British Columbia's legal
standards.
Secure Disposal: If the will was physically destroyed to signify revocation, ensure the
destruction is complete (e.g., by tearing, burning, shredding) to prevent misunderstandings or
misuse. If remnants are retained for records, secure them with a detailed explanation of the
context of the destruction.
Notifying Key Individuals: Informing significant parties, such as the executor named in the
now-revoked will or legal advisers, about the revocation can avoid future confusion and ensure
all involved in the estate planning are informed.
Finalizing the New Will: If revocation occurs through a new will, it’s crucial to execute this
new document properly, adhering to BC’s legal standards, including signature by the testator and
witnessed by at least two individuals not named beneficiaries.
Diligent and transparent handling of a revoked will is essential to accurately reflect the testator's
updated intentions and ensure they are legally recognized.