Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 10, 21, 23, 36, 37, 52, 56, 58, 60, 61, 85, 122, 130, 142, 155, 158, 162) on BC Laws and the BC government’s WESA resource page (modified August 12, 2025) checked that day.
What WESA is: the Wills, Estates and Succession Act, S.B.C. 2009, c. 13, BC’s main law on wills, inheritance when there is no will, and running an estate. It came into force on March 31, 2014.
Deadlines to know: 180 days from the grant for a wills variation claim (s. 61), and no distribution for 210 days after the grant without consent (s. 155).
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
WESA, the Wills, Estates and Succession Act, is the BC law that governs how wills are made and changed, who inherits when someone dies without a will, when a spouse or child can challenge a will as unfair, and what executors and administrators must do. It replaced several older statutes, including the Wills Act, the Estate Administration Act and the Wills Variation Act, when it came into force on March 31, 2014. Some of its best-known changes: a person can make a will at 16, the court can accept a will that wasn’t signed perfectly, and since December 1, 2021, wills can be made electronically. If you are dealing with an estate in BC, these are the rules that apply.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, applies WESA every day in probate applications and estate disputes; this guide is by Sundeep S. Grewal.
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Key WESA sections at a glance
| Section | What it says | Read more |
|---|---|---|
| s. 10 | A person who doesn’t survive the deceased by 5 days is treated as having died first, unless the will says otherwise | |
| s. 21 | Spouse’s share on an intestacy: a preferential share of $300,000 (or $150,000 if any child isn’t the spouse’s), plus part of the rest | Dying without a will |
| s. 23 | Who inherits when there is no spouse: descendants, then parents, then siblings’ families, and further out | Dying without a will |
| s. 36 | A person 16 or older who is mentally capable can make a will | |
| s. 37 | Formal requirements: in writing, signed at the end, with two witnesses present | Improperly signed wills |
| s. 52 | Undue influence: if the will-maker was dependent on or dominated by someone, that person must show they didn’t use undue influence | Undue influence |
| s. 56 | A gift to a spouse is revoked if the couple stop being spouses (separation), unless the will says otherwise | |
| s. 58 | The court can treat an imperfect document as a valid will if it reflects the deceased’s intentions | Improperly signed wills |
| s. 60 | Wills variation: the court can vary a will that doesn’t make adequate provision for a spouse or child | Wills variation |
| s. 61 | A wills variation claim must start within 180 days from the grant, and be served on the executor within 30 days after that | Contesting a will |
| s. 85 | Beneficiary designations for RRSPs, RRIFs, TFSAs and pensions, in the plan or in a will that refers to the plan | Do I need probate? |
| s. 122 | The applicant for a grant must search diligently for the deceased’s property and debts | Executor duties |
| s. 130 | Who has priority to administer an estate with no will: the spouse first, then children, then others | |
| s. 142 | The personal representative “must exercise authority to administer and distribute the estate” | Executor duties |
| s. 155 | No distribution within 210 days of the grant, unless the beneficiaries consent or the court orders | How long probate takes |
| s. 158 | The court can remove an executor or administrator | Executor taking too long |
| s. 162 | On death, land vests in the personal representative, who holds it in trust for the people entitled to it |
Making and changing a will under WESA
A will must be in writing, signed at the end by the will-maker, and signed by two or more witnesses in the will-maker’s presence (s. 37). Electronic wills are allowed. Marriage no longer revokes a will under WESA, but separation does affect it: a gift to a spouse “is revoked and the gift must be distributed as if the spouse had died before the will-maker” when the couple cease to be spouses (s. 56(2)).
When a will wasn’t signed or witnessed properly, the court can still give effect to it under section 58, if the document reflects the deceased’s testamentary intentions. See improperly signed wills in BC.
Dying without a will
If there is no valid will, Part 3 of WESA decides who inherits. A spouse takes a preferential share, $300,000 if all the descendants are the couple’s, or $150,000 if not (s. 21), and shares the rest with the descendants. With no spouse, the estate goes to the descendants, then parents, then siblings and their descendants, and further out; if there is no one, it goes to the government (s. 23). Use our guide on who inherits in BC without a will.
Wills variation: when a will is unfair to a spouse or child
BC is unusual in letting a spouse or child ask the court to change a will that doesn’t, “in the court’s opinion, make adequate provision for the proper maintenance and support” of them (s. 60). The old Wills Variation Act is now this part of WESA. The deadline is strict: 180 days from the grant to start the claim, and 30 more days to serve the executor (s. 61). See wills variation claims.
Executors and administrators
WESA calls executors and administrators “personal representatives”. Before applying for a grant, they must search diligently for the deceased’s property and debts (s. 122). They “must exercise authority to administer and distribute the estate” (s. 142(2)), must not distribute within 210 days of the grant without consent or a court order (s. 155), and can be removed by the court for reasons including refusing to act (s. 158). See executor duties in BC and what is probate?
Does WESA apply if the person died before 2014?
WESA generally applies to deaths on or after March 31, 2014. For earlier deaths, or wills made before then, the old statutes can still matter for some questions. Get advice if the death or the will predates WESA.
Mistakes I have seen
- Relying on rules from another province. Ontario’s rules on wills and on claims by family members, for example, are different from BC’s.
- Missing the 180-day wills variation deadline because the family was still talking.
- Assuming a separated spouse still inherits under an old will.
- Throwing out a will that wasn’t witnessed properly, when section 58 might have saved it.
Frequently asked questions
What does WESA stand for?
The Wills, Estates and Succession Act, S.B.C. 2009, c. 13.
When did WESA come into force?
March 31, 2014. Electronic wills were added by amendments in force December 1, 2021.
Does a will have to be notarized in BC?
No. WESA requires the will-maker’s signature and two witnesses, not a notary.
Can a will be challenged under WESA?
Yes, as unfair to a spouse or child (s. 60), or as invalid, for example for lack of capacity or undue influence. See contesting a will in BC.
Where can I read WESA?
On BC Laws, the government’s official site for BC statutes (link below).
What should I do right now?
If you are dealing with an estate, write down the date of death, the date of any grant and the 180-day and 210-day dates. Those are the WESA deadlines that matter most.
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Sources (official)
- Wills, Estates and Succession Act, S.B.C. 2009, c. 13, BC Laws
- Wills, Estates and Succession Act and probate rules, Government of BC (modified August 12, 2025)
This article is general information about BC law, not legal advice for your situation.