Transitioning To WESA

As we have mentioned on several occasions, the Wills, Estates and Succession Act ("WESA") is now in force.  That does not mean, however, that every legislative provision that WESA replaces is entirely obsolete.  Sections 185-190 of WESA contain the transition provisions and provide, in part, as follows:

• the provisions regarding the validity of wills and the legal effect of wills apply if the will-maker died on or after the date WESA came into force, even if the will was executed prior to that date.  However, the WESA provisions will not invalidate a previously valid will or revive a previously revoked will;
• the variation of wills provisions apply if the will-maker died on or after the date WESA came into force.  However, these provisions are generally the same as under the Wills Variation Act;