Wills and Estates Lawyers in Vancouver, BC
A will is a legal document setting out who receives your property and who administers your estate after death. In British Columbia a valid will must generally be in writing, signed by the will maker, and witnessed by two people at the same time under the Wills, Estates and Succession Act, though a court can now recognize some documents that fall short of these formalities.
Lawyers for Wills and Estate Preparation
What is a Will?
A Will is a legal document that solidifies your wishes regarding the distribution of your estate upon your death. Ensuring that you have a comprehensive Will in place is one of the most important things you can do for your family.
The team at Onyx Law Group understands that creating a Will can seem like a daunting task. We take the time to understand your wishes and your family needs, and aim to simplify the process as much as possible. We will help you put a proper Estate Plan in place, which will save your loved one’s time and money in the future.
Why is a Will Important?
A Will is an incredibly important legal document that everyone needs to protect their family and their financial legacy, yet 45% of adults in British Columbia don’t have a Will. If you don’t have a Will in place, you lose control over how your family is taken care of after you pass away. Without a Will, your estate will be divided according to law and the administration will be carried out by a court-appointed administrator.
You don’t need to be very wealthy or have complicated circumstances to need a Will. The following are some of the reasons why you should have a Will:
● So your children are protected
A Will allows you to leave instructions about who will be responsible for your minor children. If you die without a valid Will, the Court will choose a guardian for your children. Having a Will in place will ensure that your children will be looked after by someone you love and trust. In your Will you can also ensure that your estate provides financial security for your children.
● To minimize costs
After you pass away, there are many costs associated with administering your estate. An experienced estate lawyer can help to plan your estate and write your Will in a way that simplifies the administration process and minimizes cost as much as possible. An effective estate plan may take into account your funeral wishes or instructions, designating beneficiaries of insurance policies, RRSPs, and TFSAs, and advising you of strategies to reduce the risk of litigation and estate administration fees and taxes.
● To avoid delays in settling your Estate
A valid Will is the first step to ensuring your estate is settled according to the law. Not only will this minimize legal fees, but it can help avoid a lengthy probate process or potential litigation that prolongs the settling of your estate and causes more pain for your loved ones.
● So you can choose your executor
When you write your Will, you name an executor to handle the administration of your estate. You’re able to pick someone who is both organized and trustworthy that you know will follow your wishes. Here are some of the responsibilities of an executor.
● Provide peace of mind
Above all else, leaving a valid Will enables you and your family to rest easy knowing that your affairs are in order should anything happen to you.
What are the Requirements for a Will to be Legally Valid?
For a Will to be valid in British Columbia, it must meeting the following basic requirements as required by the Wills, Estates and Succession Act:
● be in writing
● signed at the end by the will-maker
● signed in the presence of 2 witnesses
If a Will doesn’t meet these requirements, it may not be enforceable, which can result in costly litigation and your estate being distributed in a way you did not intend. A lawyer can help ensure that your Will is legally valid, which will minimize the likelihood that your Will will lead to an estate litigation matter.
Why Use a Lawyer to Prepare Your Will?
Our team of experienced Estate Planning lawyers regularly work with clients who are creating a Will for the first time. Our lawyers are here to answer all your questions.
While you can write your own Will, doing so may lead to various issues that will increase the costs associated with administering your estate. These issues can include:
● Missing important elements
When individuals attempt to draft their own Wills, they often fail to include important elements or observe important requirements, which will result in extra costs and stress for their family. A lawyer ensures that all the important elements in your Will are included, which will help minimize cost and mitigate unnecessary disputes during the administration.
● Not taking other legal agreements into account
Individuals do not always take existing legal agreements into account when writing their Will. These agreements may include family law agreements (such as cohabitation agreements or prenuptial agreements), agreements concerning real property (such as co-ownership agreements, deeds or mortgages), or insurance policies. An individual who prepares a Will that fails to take these other agreements into account will leave complicated and unexplained issues for their executor to deal with after death. An experienced lawyer knows how to prepare a comprehensive Estate Plan and craft a Will that properly takes into account all existing agreements and other factors.
● An Estate Plan that doesn’t meet your needs
Estate planning isn’t ‘one size fits all’. When individuals write their own Will, they often use overly simplistic forms and clauses that do not fit their circumstances. These generic Wills can leave your loved ones in a difficult situation by having to carry-out ambiguous wishes or deal with issues that weren’t properly addressed in the Will. A lawyer ensures that your instructions and wishes are clearly communicated so that there is no misunderstanding or cause for worry.
The lawyers at Onyx Law Group have extensive experience preparing Wills for individuals with both simple and complex estates, and we know how to draft a Will that will protect your loved ones in the event of your passing. A lawyer can help you navigate many issues that come up when planning an estate, such as issues related to the ownership of assets, setting up testamentary trusts for beneficiaries, and planning for estate taxes and fees.
Keeping a will current: revoking, altering, and reviving
A will is not a one-time document. Life changes — a new relationship, a child, a house, a death in the family — and a will that no longer matches your circumstances can do as much harm as no will at all. British Columbia sets out exactly how a will can be changed, and the rules reward care over improvisation.
Under section 55 of WESA, you revoke a will by making a new one, by signing a written declaration that revokes it (executed with the same formalities as a will), or by destroying it with the intention of revoking it. Scribbling on the face of an existing will is where people get into trouble. Section 54 treats a handwritten alteration as effective only if it is signed and witnessed like the will itself; an unsigned change is usually ignored, and the original wording stands. Section 57 deals with the reverse problem — reviving a will you previously revoked — which cannot be done by simply tearing up the later document, but requires a properly executed revival. Because these mechanics are unforgiving, the safer route for anything beyond a trivial fix is a fresh will that expressly revokes all earlier ones. That single revocation clause prevents the messy question of which of two documents governs.
One BC-specific point worth planning around: since WESA came into force, marriage no longer revokes an existing will, reversing the old rule. The end of a spousal relationship still matters — section 56 treats gifts to, and the appointment of, a former spouse as though that spouse had died first — but a new marriage will not wipe your will clean. The practical takeaway is to review the document after any major relationship change rather than assume the law resets it for you.
Naming a guardian for minor children
For parents of young children, the appointment of a guardian is often the single most important thing a will does. This is governed not by WESA but by the Family Law Act. Under section 53, a child’s guardian may appoint someone to become the child’s guardian on the appointing guardian’s death, and that appointment must be in writing — a will is the usual place for it. Without it, no one you have chosen has automatic authority, and the question of who raises your children may be decided by a court weighing the child’s best interests among competing applicants, which takes time and can turn into a dispute at the worst possible moment.
A few realities shape a good appointment. Only a guardian can appoint a guardian, so the arrangement has to reflect who actually holds guardianship of the child. Naming an alternate matters, in case your first choice cannot or will not serve. And guardianship of the child is a separate question from who manages the money you leave for that child — the person best suited to raise your children is not always the person best suited to handle their inheritance, which is where a testamentary trust earns its place.
Testamentary trusts: providing for minors and vulnerable beneficiaries
A testamentary trust is a trust created inside your will that takes effect on your death. Instead of a gift landing in a beneficiary’s hands outright, it is held and managed by a trustee on terms you set. This is not an estate-tax dodge; it is a control-and-protection tool, and it solves problems that a simple “I leave everything to my children” will cannot.
The clearest case is minor children. A child under 19 cannot receive a large inheritance directly — absent a trust, the funds are typically held by the Public Guardian and Trustee until the child turns 19, at which point the full amount is released regardless of whether an 19-year-old is ready to handle it. A trust lets you stagger distributions (say, portions at 21, 25, and 30) and name someone you trust to manage the money in the meantime. Trusts also do real work for a beneficiary who receives provincial disability assistance, where an outright inheritance could disqualify them from benefits, and for a beneficiary who is not equipped to manage a lump sum. Building these structures into the will while you are drafting it is far cheaper and cleaner than leaving your executor and your family to sort out the consequences afterward. This is one of the clearest reasons to have a will prepared rather than filled in from a form, and it is work our estate planning lawyers handle as part of a complete plan.
Vancouver Wills and Estate Planning Lawyers
It’s important that you consult with a lawyer when preparing any legal document. The estate planning team at Onyx Law Group can ensure that your estate is in order, which will put your and your family’s minds collectively at ease. We have the knowledge and experience required to craft a Will that accurately reflects your long term wishes for your family’s legacy. Contact us today to discuss the preparation of your Will.
Frequently Asked Questions
The answers below give general information about British Columbia law. They are not legal advice. For guidance on your own situation, speak with a lawyer.
What are the requirements for a valid will in BC?
Section 37 of WESA sets the rules. A will must be in writing, signed at its end by the will-maker, and that signature must be made or acknowledged in front of two witnesses present at the same time, who then sign the will as well. The witnesses should be neutral, because a gift to a witness can be void. Meeting these formalities is what makes the will enforceable.
Who can make a will in British Columbia?
Under section 36 of WESA, a person who is at least 16 years old and mentally capable can make a will. Mental capability, or testamentary capacity, means understanding that you are making a will, having a general sense of what you own, and knowing who might reasonably expect to benefit. Capacity is judged at the time the will is signed. If capacity is later questioned, medical and witness evidence often decides the issue.
Can I write my own will by hand?
You can, and a handwritten will can be valid if it meets the section 37 requirements, including being signed in front of two witnesses. Many home-made wills run into trouble because they are unclear, incomplete, or not witnessed correctly, which can lead to disputes or a court application. Section 58 of WESA gives the court power to give effect to a document that does not meet all the formalities, but relying on that means litigation. A properly drafted will avoids these risks.
Does getting married or divorced affect my will?
In British Columbia, marriage no longer revokes a will, which was a change brought in with WESA. The end of a marriage does matter: under section 56, gifts to a former spouse and their appointment as executor are treated as if the former spouse died before you, unless the will says otherwise. Because these rules can produce unexpected results, it is wise to review your will after any change in relationship status.
Can I leave someone out of my will?
You can decide who benefits, but a spouse or child left without adequate provision can apply to vary the will under section 60 of WESA. The court weighs your legal support obligations and your moral duties, following the approach in Tataryn v Tataryn. Documented, rational reasons for an unequal distribution can help support the will, though they are not a guarantee. Legal advice is valuable if you plan to leave a close family member out.
How do I change or revoke a will?
You can revoke a will by making a new one, by a signed written declaration of revocation, or by deliberately destroying it with the intention of revoking. Small changes are usually better handled by making a fresh will rather than marking up the old one, since handwritten alterations can create doubt. Each new will should state that it revokes previous wills. Keeping only one clear, current will avoids confusion after death.
Why do I need to name an executor in my will?
The executor is the person who administers your estate, from securing assets and paying debts to applying for probate and distributing gifts. Naming a capable, trustworthy executor, and an alternate in case your first choice cannot serve, keeps the process running smoothly. If a will names no executor, or the named person cannot act, the court appoints an administrator instead, which adds time. Choosing the right person is one of the most practical parts of making a will.
Where should I keep my will?
Keep the signed original somewhere safe and accessible to your executor, such as a fireproof box, a safety deposit box, or with your lawyer, and tell your executor where it is. You can also file a wills notice with the Vital Statistics Agency, which records where your will is kept so it can be located after death. A copy is not a substitute for the original, since a missing original can be presumed revoked. Good storage prevents needless delay and dispute.
(604) 900-2538
Onyx Law Group represents clients in family law throughout British Columbia, estate and trust litigation, estate planning and probate matters. Consult with our experienced BC team at
(604) 900-2538