The Wills, Estates and Succession Act (WESA) in British Columbia provides a comprehensive framework for the distribution of assets, particularly addressing the complexities that arise in blended families. Here’s how WESA deals with such situations:
- Intestate Succession (When No Will Exists): If a person dies without a will, WESA dictates the distribution of their estate through a statutory scheme. For those in blended families, the surviving spouse or common-law partner is entitled to a preferential share of the estate. The amount of this share depends on whether the deceased has children or other descendants. If there are children from a previous relationship, the surviving spouse receives a preferential share, and the remainder is divided among the deceased’s children. Stepchildren are included only if they have been formally adopted.
- Effect of a Will: When a will exists, its instructions govern the distribution of the estate, provided they meet WESA’s formal requirements. In blended families, complications can arise if the will was created before the family was blended or if it does not address the new family dynamics. A will that excludes children or stepchildren might be contested under provisions for dependent family members.
- Children’s Rights: WESA treats biological and adopted children equally in terms of inheritance rights. Stepchildren, however, do not automatically inherit unless they are specifically named in the will or have been adopted. This can lead to disparities in blended families, where a parent may wish to leave assets to biological children but not to stepchildren. Adopted stepchildren have the same rights as biological children.
- Testamentary Freedom vs. Family Maintenance: While WESA upholds the principle of testamentary freedom, allowing individuals to distribute their assets as they see fit, there are limitations. A spouse or child (including adopted children) who feels unfairly excluded can apply to the court for support under the Family Maintenance and Support Act. This provision allows a spouse, common-law partner, or child to claim a portion of the estate if they believe they have not been adequately provided for, even if the will does not include them.
- Challenges and Legal Considerations: Blended families often face challenges, particularly regarding potential conflicts between biological children and stepchildren. If a stepparent wishes to leave assets to stepchildren, it must be explicitly stated in the will. Failure to account for all family members can lead to disputes requiring court intervention. Executors must ensure the will reflects the deceased’s wishes and complies with applicable family law provisions.
In summary, WESA acknowledges the complexities of blended families and provides mechanisms to balance testamentary freedom with the financial rights of surviving family members, including spouses, biological children, and stepchildren.
It may be a daunting task to prepare your will and estate, but it is a necessary process to complete to make sure your wishes and assets are handled accordingly. At Northam Law, we guide you every step of the way to ensure your will stipulates how your wishes are to be followed and how your loved ones will be taken cared of. Contact us to learn more of how we can be of service to you.
Related Article: