Laws, Requirements, Probate, Executors, and How to Make a Will in BC

Creating a Will is one of the most important steps British Columbians can take to protect their families and ensure their wishes are followed after death. A properly written Will determines how your assets are distributed, who will manage your estate, and who will care for minor children if something happens to you.

Despite this importance, many adults in British Columbia do not have a Will. Some believe they are too young, others assume their spouse will automatically inherit everything, and many think the process is complicated or expensive.

In reality, creating a Will in BC is often straightforward and can prevent significant legal complications for your loved ones.

This guide explains everything you need to know about Wills in British Columbia, including:

• The legal requirements for a valid Will

• What happens if you die without a Will

• How probate works in BC

• How to choose an executor

• What assets are included in your estate

• When you should update your Will

• How to create a legally valid Will

What Is a Will?

A Will (Last Will and Testament) is a legal document that outlines how your estate should be handled after your death.

Your Will allows you to:

• Choose who receives your assets

• Appoint someone to administer your estate

• Name guardians for minor children

• Leave charitable gifts

• Provide instructions for personal belongings

Your estate may include:

• Real estate

• Bank accounts

• Investments

• Vehicles

• Personal belongings

• Business interests

Without a Will, the government decides how your estate is distributed.

Why Having a Will in BC Is Important

Many people assume estate planning is only necessary for wealthy individuals. In reality, anyone who owns property, has savings, or has children should have a Will.

A Will helps ensure:

Your Assets Go to the People You Choose

Without a Will, your estate will be distributed according to provincial law.

Your Executor Is Someone You Trust

Your executor manages your estate and carries out your wishes.

Your Children Are Protected

Parents can appoint guardians for minor children in their Will.

Family Disputes Are Reduced

Clear instructions prevent confusion and disagreements.

Estate Administration Is Easier

A clear Will simplifies probate and estate settlement.

The Law Governing Wills in British Columbia

Wills in BC are governed by the Wills, Estates and Succession Act (WESA).

WESA outlines:

• Legal requirements for valid Wills

• Intestacy rules (when someone dies without a Will)

• Executor responsibilities

• Probate procedures

• Will variation claims

British Columbia has some of the most unique estate laws in Canada, particularly regarding Will challenges by spouses and children.

Legal Requirements for a Valid Will in BC

To be legally valid in British Columbia, a Will must meet several requirements.

1. Age Requirement

Most people must be at least 16 years old to create a Will in BC.

2. Testamentary Capacity

You must understand:

• That you are creating a Will

• What property you own

• Who might reasonably expect to inherit

This legal understanding is called testamentary capacity.

3. The Will Must Be in Writing

A Will must be written. Acceptable formats include:

• Typed Wills

• Printed Wills

• Handwritten Wills

• Online-generated Wills

4. The Will Must Be Signed

The person making the Will (the testator) must sign the document.

5. The Will Must Be Witnessed

Two witnesses must observe the signing of the Will.

Rules for witnesses include:

• Must be 19 or older

• Must sign the Will

• Should not be beneficiaries

If a beneficiary acts as a witness, their inheritance may be invalid.

Electronic Wills in British Columbia

British Columbia is one of the few Canadian provinces that allows electronic Wills and remote witnessing.

Electronic Wills may be created, signed, and stored digitally if they meet strict legal requirements.

However, most Wills are still created as written documents signed in front of witnesses.

What Happens If You Die Without a Will in BC?

If someone dies without a Will, they are considered to have died intestate.

In this situation, the Wills, Estates and Succession Act determines how the estate is distributed.

If You Have a Spouse and Children

Your spouse receives a preferential share of the estate.

• $300,000 if all children are from the same relationship

• $150,000 if children are from different relationships

The remaining estate is shared between spouse and children.

If You Have a Spouse but No Children

Your spouse inherits the entire estate.

If You Have Children but No Spouse

Children inherit the estate equally.

If You Have No Immediate Family

The estate may go to:

• Parents

• Siblings

• Extended relatives

If no relatives can be found, the estate may go to the Province of British Columbia.

What Assets Are Included in Your Estate?

Your Will applies to estate assets, which may include:

• Real estate

• Bank accounts

• Investments

• Vehicles

• Personal belongings

• Business interests

Assets That May Bypass a Will

Some assets pass directly to beneficiaries outside the Will.

Examples include:

Jointly Owned Property

Property owned jointly with right of survivorship automatically transfers to the surviving owner.

Registered Accounts

RRSPs, TFSAs, and pensions often have designated beneficiaries.

Life Insurance

Insurance benefits typically go directly to named beneficiaries.

Choosing an Executor in British Columbia

An executor is responsible for administering your estate.

This person carries out the instructions in your Will.

Executor duties include:

• Locating the Will

• Identifying estate assets

• Paying debts and taxes

• Applying for probate

• Distributing assets to beneficiaries

Who Can Be an Executor?

Common choices include:

• Spouse

• Adult child

• Trusted friend

• Lawyer or professional trustee

You may appoint multiple executors if desired.

What Is Probate in British Columbia?

Probate is the legal process where the court confirms the validity of a Will.

The BC Supreme Court issues a Grant of Probate, which gives the executor authority to administer the estate.

Probate is often required when:

• Real estate must be transferred

• Financial institutions request court confirmation

• The estate contains significant assets

Probate Fees in BC

British Columbia charges probate fees based on estate value.

Example:

A $500,000 estate may pay approximately $6,650 in probate fees.

Can a Will Be Contested in British Columbia?

Yes. British Columbia has unique Will variation laws.

Under WESA, spouses and children can challenge a Will if they believe it does not provide adequate support.

Courts may change a Will if they determine the testator did not fulfill legal or moral obligations to family members.

This makes proper estate planning especially important in BC.

How to Make a Will in British Columbia

There are several ways to create a Will.

1. Hiring an Estate Lawyer

A lawyer can provide customized advice for complex estates.

Typical cost:

$500 to $2,500+

Best for:

• Large estates

• Business owners

• Complex family situations

2. Using an Online Will Service

Online Will platforms guide users through the process using step-by-step questions.

Benefits include:

• Lower cost

• Convenience

• Fast completion

• Legally valid documents

3. Writing a Handwritten Will

Handwritten Wills may be valid but can lead to disputes or probate complications if unclear.

When Should You Update Your Will?

A Will should be reviewed regularly.

Common reasons to update your Will include:

• Marriage

• Divorce

• Birth of a child

• Purchasing property

• Starting a business

• Moving to another province

• Death of a beneficiary or executor

Experts recommend reviewing your Will every 3–5 years.

Where Should You Store Your Will?

Your original signed Will should be stored in a secure location.

Common options include:

• A home safe

• A lawyer’s office

• A safety deposit box

• Secure document storage services

Your executor should know where the original Will is located.

Estate Planning Documents Beyond a Will

A complete estate plan often includes additional documents.

These may include:

Power of Attorney

Allows someone to manage your financial affairs if you become incapable.

Representation Agreement / Personal Care Directive

Allows someone to make medical decisions if you cannot.

Asset List

An organized list of accounts, assets, and important information for your executor.

Frequently Asked Questions About Wills in BC

Do Wills expire?

No. A Will remains valid until replaced or revoked.

Can I change my Will?

Yes. You can update your Will by:

• Creating a codicil

• Writing a new Will

Do I need a lawyer to make a Will?

No. Many people create valid Wills using online tools.

However, legal advice can be helpful for complex estates.

Can I write my own Will?

Yes, but mistakes in wording or signing may cause legal issues.

Professionally prepared Wills are usually recommended.

Final Thoughts

Creating a Will in British Columbia is one of the most important steps you can take to protect your family and ensure your wishes are followed.

A properly prepared Will helps:

• Prevent disputes

• Simplify probate

• Protect children

• Ensure assets go where you intend

Whether you choose to work with a lawyer or use an online platform, the most important step is making sure you have a Will in place.