Wills, Estates and Succession: A Modern Legal Framework

Abstract

The law surrounding the passage of property on death by means of a will or intestate inheritance is known as the law of succession. Nearly everyone comes into contact with succession law at some point because of the death of a relative or spouse. Despite this, succession is one of the most antiquated and neglected areas of the law. It is based on both case law and legislation, but the legislation is spread over a forest of different statutes, and much of it is quite old. The aim of the Succession Law Reform Project was to modernize the law of succession in British Columbia and reduce the number of separate pieces of legislation relating to it. The final report for this project, Wills, Estates and Succession: A Modern Legal Framework, contains recommendations and draft legislation to update British Columbia succession law and consolidate four separate Acts (Wills Act, Wills Variation Act, Estate Administration Act, Probate Recognition Act) and portions of a fifth Act (Law and Equity Act) that now govern various aspects of the law of succession into one statute.

Keywords: wills, estates & life planning, succession, death, pensions, benefits & welfare, seniors, executor, administrator, inheritance, intestate succession, wills variation, dependents relief, personal representative, conflict of laws, international form of will, Succession Law Reform Project Committee