To make a valid will in BC you must be at least 16 and mentally capable, put your wishes in writing, name an executor, and sign the will in front of two adult witnesses who also sign it. These formalities come from section 37 of the Wills, Estates and Succession Act (WESA), and a will that misses them can only be saved by a court order under section 58.
How to Make a Will in BC?
Making a will in British Columbia is an important step to ensure your assets are distributed according to your wishes and your loved ones are cared for after your passing. To make a will in BC, you need to outline how you want your estate divided, appoint an executor to manage your affairs, and sign the document in the presence of two witnesses to meet BC’s legal requirements. When creating your will, it’s also important to consider factors such as guardianship for minor children, specific gifts, and alternate executors to ensure your plan remains clear and enforceable.
If you want to ensure your assets are protected in British Columbia, it is strongly recommended that you seek legal advice. With over a decade of experience helping BC clients, our wills and estates attorneys at Onyx Law Group, recognized by the Law Society of British Columbia, have the experience and expertise necessary to make your will and put your mind at ease. Contact us today for a free consultation and start protecting your family’s future.
This blog will guide you through the key rules, laws, and steps you need to know to confidently make a will in BC.
What Are the Legal Requirements for Making a Will?
A will is typically an essential part of a successful estate plan, along with other important documents, such as a power of attorney and representation agreements. Before you begin making a will in BC online or using any other method, it’s crucial to understand the legal standards that make your will valid under provincial law. If your will doesn’t meet certain legal requirements, it is not enforceable. To make a valid will in British Columbia, the following conditions must be met:
1. You Must Be at Least 16 Years Old.
BC law states that you must be 16 years of age or older to make a valid will. This means minors (those under 19) are legally permitted to make a will, and the witnesses must be at least 19 years of age. A will made by anyone under the age of 16 is not valid.
2. You Must Be Mentally Capable
To make a valid will in British Columbia, you must possess sound mental capacity. A will-maker must have a certain level of mental capacity, known as “testamentary capacity,” to create a will. The issue of capacity can be complex. A person may be mentally capable of making a valid BC will, even if they are experiencing cognitive deterioration or isolated memory deficits.
3. You Must Follow the Requirements for a Valid Will
To make a valid will, it must meet the formal requirements set out in section 37 of BC’s Wills, Estates and Succession Act (“WESA”). The will must be:
- In writing,
- Signed by the will-maker; and
- Signed in the presence of two witnesses who are over the age of majority and who also signed the will.
If your will does not meet the formal requirements, it is invalid unless an applicant seeks a court order under section 58 of WESA that the will is cured of its deficiencies, or the will is valid under the jurisdiction it was made in under section 80 of WESA (e.g., if you made your will outside Canada in a jurisdiction that has different formal requirements). To avoid future legal issues, it’s important to follow all formalities required under BC law when preparing and signing your will.
| Requirement | Explanation |
|---|---|
| Age | Must be 16 years of age or older. |
| Mental Capacity | Must have testamentary capacity, meaning the individual understands:
|
| Formalities | The will must:
|
How to Prepare a Will in BC
Once you understand the legal basics, you’re ready to begin the process of making your will in BC. The steps below will guide you through preparing a valid and effective will.
1. Confirm Eligibility
Before you prepare your will in British Columbia, you must meet the basic legal requirements under the Wills, Estates, and Succession Act (WESA). You must be at least 16 years old and able to understand what a will is, what property you own, and who might benefit from your estate.
Mental capacity refers to your state of sound mind, your awareness of the consequences of your decisions, and your freedom from undue influence. If there are concerns about your capacity, obtaining a medical or legal opinion can help ensure the will’s validity and prevent disputes later.
2. Choose Your Will Format
When preparing legal documents such as a will in British Columbia, you will need to decide on which format best suits your situation. While handwritten or “holograph” wills are not recognized as valid in BC, some people attempt to use them, often leading to costly court challenges and uncertainty for loved ones. Online will platforms and DIY templates can be a convenient and affordable option for simple estates, but they may not address more complex issues, such as blended families, business ownership, or property outside the province.
A lawyer-drafted will is the most reliable option for a legally binding document that meets BC’s standards. An experienced estate lawyer or the Legal Services Society (Legal Aid BC) can ensure your will complies with BC’s legal requirements, reflects your unique circumstances, and protects against disputes or tax complications. Whether you choose a lawyer or a simpler method, your will must be properly signed and witnessed to be valid under BC law.
| Type of Will | Description | Advantages | Disadvantages | Cost Estimate |
|---|---|---|---|---|
| Handwritten / Holograph | Written entirely by hand. | Quick; no lawyer is required. | Often invalid or risky and may require court approval. | N/A (low cost, essentially free) |
| DIY / Online Templates | Created using an online platform or legal kit. | Affordable and convenient. | One-size-fits-all documents may miss complex situations. | $40–$150 |
| Lawyer-Drafted | Prepared by an estate planning lawyer. | Legally secure, tailored to your needs, and minimizes errors. | More expensive than other options. | $450–$3,000+, depending on complexity |
| Notary-Drafted | Prepared by a notary public. | Legally valid for simple estates. | Cannot create trusts or handle complex estate planning. | $450–$650 |
3. Identify Your Assets and Liabilities
When preparing a will in British Columbia, it’s important to start by identifying all your assets and understanding how you own them. Make a detailed list of all your property (real estate, vehicles, bank accounts, investments, and personal items such as jewelry or artwork) and their approximate values. Then, confirm ownership types, such as joint tenancy or beneficiary designations on insurance and registered accounts, since these may pass outside your estate to the surviving joint owner.
An attorney can help identify all assets that should be included in the will, ensure they are properly valued, and provide guidance on how to distribute them in accordance with your wishes and provincial laws, thereby ensuring clarity and legality in the process. Proper valuation and documentation ensure nothing is overlooked and that your executor can manage your estate efficiently.
4. Decide Who Will Inherit Your Estate
Next, choose your beneficiaries. You should determine which beneficiaries will receive your assets, what each person will inherit, and when they will receive it. You can create trusts for minor children to delay their inheritance until a specified age or set up trusts for beneficiaries with disabilities or financial challenges to protect their long-term well-being. You may also choose to make specific gifts, such as money, personal items, or charitable donations, and decide how the remainder of your estate (the residue) should be divided once debts, taxes, and expenses are paid.
Be clear and specific when naming beneficiaries to avoid confusion. For example, use full legal names and relationships rather than vague descriptions. If you plan to exclude someone who might expect to inherit, you may want to explain your reasoning in a separate letter to reduce the risk of challenges.
In British Columbia, both married and common-law spouses have inheritance rights under the law, and estate planning can become more complex in blended families. You and your spouse might want to organize your wills to include provisions for children from past relationships. Working with an experienced Vancouver estate planning lawyer can help you balance fairness, minimize potential disputes, and ensure your inheritance plans comply with BC’s legal requirements.
5. Appoint an Executor
An executor is responsible for carrying out your wishes, managing your estate, paying debts, and distributing assets according to your will. Choose someone you trust to act as an executor, such as a family member, friend, or professional, such as a lawyer or trust company.
Before naming your executor, make sure they are willing and capable of taking on the role. It’s also wise to appoint an alternate executor in case your first choice is unable or unwilling to serve when the time comes.
6. Name a Guardian for Minor Children
If you have children under the age of 19, your will should name a guardian to care for them if you and the other parent pass away. This is one of the most important reasons parents should make a will.
When choosing a guardian, consider someone who shares your values, has a stable lifestyle, and is emotionally and financially able to raise your children. Always discuss your decision with the potential guardian beforehand to ensure they’re willing to take on the responsibility.
7. Draft Your Will
After gathering the necessary information and making decisions about the executor, guardian, bequests, and beneficiaries, you can draft the will. As discussed above, a lawyer-drafted will is the best way to ensure your will is valid, enforceable, and effective. Estate lawyers prepare your will using custom clauses and specialized language, and they also ensure it is signed and witnessed correctly.
A well-drafted will should clearly outline your beneficiaries, executor, guardians, and any specific gifts or conditions. Avoid vague language or handwritten additions, which can lead to confusion or disputes.
8. Sign and Witness Your Will Properly
In BC, two adult witnesses must sign your will in your presence for it to be considered valid. Witnesses must be at least 19 years old and not beneficiaries or the spouses of beneficiaries.
Improper witnessing is one of the most common reasons wills are deemed invalid. To avoid this, ensure you find witnesses who meet the legal criteria, that all signatures are completed correctly, and that the signing is done together in one sitting.
9. Safeguard Your Will
After your will is prepared, you want to guarantee it is safe and that a physical copy can be located after your death. Let your executor and a trusted family member know where it’s kept. Store the original document in a secure place, such as a fireproof box, a safe at home, or with your lawyer.
You can also register the location of your will with the BC Wills Registry, managed by the BC Vital Statistics Agency. This registry doesn’t store your will but records where it’s located, making it easier to find when needed.
10. Keep Your Will Updated
Your will should reflect your current circumstances, so it’s essential to review it every few years or after significant changes, such as marriage, divorce, or the birth of a child. Certain events can automatically revoke or alter parts of your will under BC law.
Appoint Key Roles
When preparing your will, it’s essential to appoint the right people to carry out your wishes and manage your affairs after your death. Your executor plays a key role in this process; they are responsible for organizing your funeral, locating and managing your property, paying debts and taxes, and distributing your estate according to your instructions. Choose someone trustworthy, organized, and capable of handling complex tasks. You can name someone from among family members, friends, professionals, or even a trust company as executor, and it’s wise to appoint alternates in case your first choice cannot serve.
You should also name a guardian for any children under 19 to ensure they are cared for by someone you trust. This is particularly crucial for single parents or in cases where the other parent has passed away. If you don’t appoint a guardian, the court will decide who takes on that role, which may not align with your wishes. Including a guardian in your will provides emotional and financial security for your children and peace of mind for you.
How Do I Register My Will?
British Columbians do not need to register their actual will. What you register is a Wills Notice with the Vital Statistics Agency. This notice simply records key details about your will, such as your full name, birthdate, the date it was made, and where the original document is stored.
To register, complete Form 1 – Wills Notice and mail it to the Vital Statistics Agency along with the $17 fee. The government does not receive a copy of your will, and the contents remain private. Only the location is officially recorded.
Special Considerations When Making a Will in BC
When preparing a will in British Columbia, it’s important to consider unique circumstances that can affect how your estate is distributed. For example, blended families often require more detailed planning to ensure fairness between a current spouse and children from previous relationships. Without a clear will, disputes can arise if one family member feels overlooked.
Similarly, common-law partners, those who have lived together in a marriage-like relationship for at least two years or shared a child, have inheritance rights under BC’s Wills, Estates and Succession Act (WESA). By including your partner in your will, you can ensure their proper protection and avoid potential legal challenges after your death.
If you’re a business owner, your will should also account for what happens to your business interests after you pass away. You may wish to appoint a successor, outline how ownership will be transferred, or specify whether your business should be sold. A detailed succession plan can help minimize tax implications, prevent disruption, and protect employees or business partners. Working with an experienced estate lawyer ensures your will is customized to your situation, addresses complex family or financial arrangements, and fully complies with BC’s legal standards.
Ready to Secure Your Legacy?
A will is a legal document, and making one in British Columbia is one of the best ways to protect your loved ones and ensure your wishes are followed when you die. This guide covers the essential steps to making a will in BC, including key decisions, costs, and special considerations for families, partners, and business owners. Understanding BC’s legal requirements helps you make informed decisions and avoid costly mistakes, whether you’re creating a simple will or planning a complex estate.
Crafting a will is a tedious and time-consuming process. The estate planning team at Onyx Law Group in Vancouver can ensure that your estate is in order, which will alleviate any stress you and your family might be facing. With over a decade of providing services to individuals and families in BC, we have the knowledge and experience required to craft a will that reflects your wishes. Get peace of mind in under 30 minutes. Reach out to us today for a free consultation to discuss the preparation of your will.
FAQs
If you’re still unsure about the process or what applies to your situation, here are some common questions to help you better understand how to make a will in BC. These answers cover common concerns about the process, legal requirements, and what to expect when preparing your will.
Can You Write Your Own Will in BC?
Yes, you can write your own will for a simple estate, but it must follow legal requirements to be valid. You must have two reliable witnesses, it must be in writing, and you must sign it.
How Much Does It Cost to Make a Will?
The cost of making a will in BC can vary widely depending on your unique life situation. It depends on the estate’s complexity and how you prepare it. Online and DIY wills typically cost between $40 and $150, making them suitable only for simple estates. Notary services range from $450 to $650, while lawyer-drafted wills offer the most comprehensive protection, costing anywhere from $450 for a simple will to $3,000 or more for complex estate plans.
Who Can Make a Will in BC?
Anyone 16 or older who is mentally capable can create legal documents, such as a will, in BC. You must understand what a will does, what property you own, and who your beneficiaries are.
Do I Need a Lawyer to Make a Will in BC?
You don’t need a solicitor to make a will in BC, but legal professionals can ensure your will is valid and free of costly mistakes, especially for complex estates or blended families. If affordability is a concern, Legal Aid BC may offer free or low-cost assistance to eligible residents.
What If My Will Is Lost or Destroyed?
If your original will is lost and no copy exists, the court may treat your estate as intestate. A copy may be accepted, but only if the court is convinced it reflects your true intentions.
Does a Will Need to Be a Physical Document?
Yes, your will must be printed, signed, and witnessed in person under current BC law. Electronic signatures and electronic-only wills are not yet accepted.
What If the Location of My Will Changes?
If you move your will, you should update your Wills Registry notice. This helps your executor locate the correct version when needed.
Does a Will Need to Be Notarized in BC?
No, a will does not need to be notarized to be legally valid in British Columbia. It only needs to be properly signed by the will-maker and witnessed by two people who are at least 19 years old and not beneficiaries.
What Happens if You Die Without a Will in BC?
If you die without a will in British Columbia (known as dying intestate), your estate is distributed according to the Wills, Estates and Succession Act (WESA) instead of your personal wishes. Your spouse and children inherit based on a fixed formula; for example, a spouse receives the first $300,000 (or $150,000 if there are children from another relationship), with the remainder divided between the spouse and children. Dying without a legal will can lead to delays, higher costs, and outcomes you may not want, including excluding loved ones like common-law partners, stepchildren, or charities.
What Happens If a Will Is Not Valid?
Your estate may be distributed according to intestacy laws, not your wishes. This can lead to disputes, delays, extra legal fees, and a more complicated probate process.