If my wife and I get divorced and don’t do new Wills, would my Will still be valid and would she still be entitled to the interest in my estate that my Will presently gives her and expected to act as my executor if I die?

Uncategorized, Wills

There is new estate-planning legislation in BC called the Wills, Estates and Succession Act (“WESA”) which came into effect March 31, 2014, and replaced most of our existing estate-planning legislation. Under the WESA, the Will would remain valid, but any gift to your wife or any appointment of her as your executor or trustee is…

It has always been my understanding that any assets I hold jointly with my husband would go to him when I die. A few months ago, you printed a column that said if there was a plane crash and no way of determining who died last “each member of a couple who die together will be presumed to survive the other so both Wills would be followed”. What happens to joint assets in that scenario?

Estates, Uncategorized, Wills

Under the Wills, Estates and Succession Act, the joint ownership is severed and your estates would each own 50% of each previously held joint asset outright.