How Wills Work in British Columbia

What a will actually is

A will is a legal document that sets out who should receive your property after you die, who should carry out your wishes (your executor), and — if you have young children — who you'd want as their guardian. In British Columbia, wills are governed by the Wills, Estates and Succession Act, usually shortened to WESA. If your will doesn't follow WESA's rules, a court may decide it isn't valid, and the province's default rules take over instead of your wishes.

What makes a will valid in BC

For a will to be formally valid under WESA, all of the following generally need to be true:

• The will-maker is at least 16 years old and has the mental capacity to understand what they're doing.
• The will is in writing (typed or handwritten, and BC also recognizes properly made electronic wills — still subject to the same witnessing rules).
• The will-maker signs at the end of the document.
• Two witnesses are present at the same time when the will-maker signs (or acknowledges their signature).
• Those two witnesses then sign the will while the will-maker is watching.
• The two witnesses are at least 19 years old and are not people who receive anything under the will.

BC does not have a separate exception that makes an unwitnessed handwritten will automatically valid, the way a few other provinces do. The witnessing step matters here.

Common mistakes that can undo a will

The hard part isn't writing down your wishes — it's getting the signing and witnessing right. These are the slip-ups that surface at probate, when it's too late to fix:

BC courts do have a limited power to "cure" a document that doesn't meet the formal rules if there's strong evidence it reflects the person's true intentions — but relying on that means a court application, legal fees, and delay for your family. It's a safety net, not a plan.

Even a valid will can be challenged

This is one of the things that makes British Columbia distinctive. Even a will that's been signed and witnessed perfectly can be taken to court and changed. A spouse or a child who feels they weren't adequately provided for can apply to have the will varied, and a judge can redistribute the estate based on what's considered adequate, just and equitable in the circumstances. It's a real consideration if you're thinking about leaving someone out, treating children unequally, or planning around a blended family — which is exactly the kind of thing worth talking through with a lawyer or notary before your will is finalized.

What happens if you die without a will

If you die without a valid will, you're considered to have died intestate, and WESA decides who inherits — not you. In broad terms, your spouse receives a preferential share first (a set dollar amount that's larger when all your children are also your spouse's children), and the rest is divided between your spouse and children under fixed formulas. If you have no spouse or children, the estate passes to other relatives in a set order. The result is rarely exactly what someone would have chosen, and it can't account for blended families, stepchildren you treated as your own, charities you cared about, or specific gifts.

What a will does — and doesn't — cover

This is the part people most often get wrong, and it's where your insurance and accounts intersect with your estate plan. Several major assets usually pass outside your will, directly to whoever you've named:

• Life insurance pays to the beneficiary named on the policy, not to your estate (unless your estate is the named beneficiary).
• RRSPs, RRIFs, TFSAs and pensions typically pass to their designated beneficiary.
• Property held in joint tenancy usually transfers automatically to the surviving owner.

Because of this, your will and your beneficiary designations should be reviewed together so they don't conflict with what you want. An out-of-date life insurance beneficiary — an ex-spouse, or a person who has since passed away — can override everything your will says about that money. Reviewing those designations is often a simple step, and one of the most overlooked parts of estate planning — our advisors can help you check what's on file.

Lawyer or notary?

In BC, both lawyers and notaries public can prepare wills. Which one fits depends on your situation:

A will doesn't have to be notarized to be valid in BC, but having it professionally prepared and properly witnessed is the surest way to avoid the mistakes above.

Frequently asked questions

Does my will need to be notarized to be valid in BC?

No. A will is valid if it meets WESA's signing and witnessing requirements. Notarization isn't required, though professional preparation helps prevent errors.

Can my spouse be a witness to my will?

If your spouse is a beneficiary, having them witness the will can void their gift. It's safest to use two witnesses who receive nothing under the will.

Does getting married cancel my old will?

For marriages on or after March 31, 2014, marriage no longer automatically revokes a will in BC. It's still wise to update your will after any major life change.

Where should I keep my will?

Somewhere safe and findable — and make sure your executor knows where it is. A will no one can locate is as much of a problem as no will at all.