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Wills, Estates and Succession Act and probate rules – 2014 and 2021 amendments

Last updated on August 4, 2023

The Wills, Estates and Succession Act came into force on March 31, 2014. The act provides greater certainty for individuals who put their last wishes into writing and simplifies the process for those responsible for distributing an estate.

Among its benefits, the act:

  • Clarifies the process of inheritance when a person dies without leaving a will
  • Makes the process easier for a person to transfer the title of their spousal home when their spouse dies
  • Clearly outlines the sequence in which to look for heirs to a person’s estate
  • Provides the courts with more latitude to ensure a deceased person’s last wishes will be respected
  • Clarifies obligations relating to property inheritance in the context of Nisga'a and Treaty First Nation lands, and
  • Lowers the minimum age at which a person can make a will from 19 to 16 years old

Probate rules – 2014 amendments

The Supreme Court Civil Rules dealing with probate and administration (probate rules) have been amended to reflect changes brought about by the enactment of the Wills, Estates and Succession Act and to modernize the application process. The new rules came into effect with the Wills, Estates and Succession Act on March 31, 2014.

The Wills, Estates and Succession Act and probate rules have been amended since being first passed.

Probate rules – 2021 amendments

The Supreme Court Civil Rules dealing with probate and administration (probate rules) have been amended to reflect changes brought about by the Wills, Estates and Succession Amendment Act, 2020, which recognize electronic wills. These amendments came into effect on December 1, 2021.

The Wills, Estates and Succession Act and probate rules have had minor amendments since being first passed in 2014 in ways that are not reflected in the supporting documents that you can link to on the left.

Orders in Council:

  • Order in Council 190 brings sections of the Wills, Estates and Succession Act and regulations into force on March 31, 2014.
  • Order in Council 125 brings section 268 (consequential and related amendments) of the Wills, Estates and Succession Act into force on April 1, 2014.
  • Order in Council 132 amends sections of the B.C. Supreme Court Civil Rules regulations related to probate, effective March 30 and 31, 2014.
  • Order in Council 541 brings sections 2 and 4 to 10 of the Wills, Estates and Succession Amendment Act, 2020 into force on December 1, 2021.
  • Order in Council 540 amends sections of the B.C. Supreme Court Civil Rules regulations related to probate, effective December 1, 2021.

Make a Will Week is an annual event that encourages British Columbians to write their will or bring an existing will up-to-date.If you don’t have a will, you’re not alone. According to a 2014 report for BC Notaries, just 55 per cent of British Columbians have a signed, legally valid and up-to-date will. Find out more about Make a Will Week at the link below.