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ARTICLE · 08 MARCH 2024

The Unfortunate Consequences Of Losing A Signed Will

When you sign a will, the will is intended after your death to govern the distribution of your estate in keeping with your wishes. A will is the direction to your executor about which people...

CanadaFamily and Matrimonial

When you sign a will, the will is intended after your death to govern the distribution of your estate in keeping with your wishes. A will is the direction to your executor about which people, organizations or causes you want to benefit.

Preparing a will is serious business. In British Columbia, if you do not have a will, your estate will be treated as an "intestacy" and its distribution will be confined to a scheme of parentelic distribution as set out in the Wills, Estates & Succession Act ("WESA"). The word "parentelic" refers to looking down the line of descendants from the deceased's ancestors1. Generally speaking, under a parentelic distribution scheme, the assets are first passed to your spouse (if any) and descendants (if any), failing which assets are distributed to your parents, and failing which assets are distributed to your siblings. If your siblings are not alive, the WESA provides for distribution to your sibling's children (i.e. your nieces and

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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