British Columbia Law

How to Write a Will in BC - Legal Requirements and Best Practices

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

A will is one of the most important documents you can create. It gives you control over your legacy, protects your family, and ensures your wishes are carried out after you die. But a will must be executed properly to be valid under BC law. Here is what you need to know.

What is a will?

A will is a legal document in which you:

• Name an executor (the person who will manage your estate)

• Specify how your assets will be distributed to beneficiaries

• Name guardians for your minor children

• Express wishes about funeral arrangements and organ donation

• Create a trust for minor children or beneficiaries who are unable to manage money

Why do you need a will?

Without a will, BC law determines who inherits your estate through a default order:

Your spouse (if any)
Your children
Your parents
Your siblings
Your grandparents and their descendants
Aunts, uncles, and cousins
If no relatives are found, assets go to the Crown (the province)

This order may not reflect your wishes. A will lets you:

• Name your executor (if you die intestate, the court appoints an administrator)

• Choose how assets are divided (not always equally)

• Leave assets to friends, charities, or others outside your family

• Provide for minor children and vulnerable beneficiaries

• MINIMISizE taxes and probate fees for your family

BC law requirements for a valid will

Under the WESA (Wills, Estates and Succession Act), a will must meet these requirements:

1. Testator capacity

The person making the will (testator) must:

• Be at least 16 years old

• Understand the nature of making a will

• Know the extent of their assets

• Understand who would normally inherit (spouse, children)

• Have no mental illness or delusion affecting the will

2. Proper execution

The will must be signed and witnessed. There are two valid formats in BC:

Formal will (most common):

• The will is in writing

• You (testator) sign the will at the end

• Two independent witnesses watch you sign

• Both witnesses sign the will (before the testator, after the testator, or at the same time as the testator - the order matters for some technical purposes)

• Ideally, a lawyer oversees the process to ensure compliance

Holograph will (handwritten):

• The entire will is in your handwriting

• You sign it

• No witnesses are required

• This is risky because courts scrutinize holograph wills strictly for validity, and they are easy to challenge

3. Intentions must be clear

The will must clearly state your wishes. Ambiguous or contradictory language can lead to disputes and legal challenges.

4. No undue influence

You must make the will of your own free will, without pressure, threats, or manipulation from anyone.

Common mistakes in wills

Using an online template without customization

Online templates are generic. If you do not customize them to your specific situation, they may:

• Not account for your complex assets

• Fail to name alternate executors

• Create ambiguity about how property is divided

• Not minimisize taxes or probate fees

Failing to name alternate beneficiaries

If you name a beneficiary who dies before you, your will does not automatically pass that asset to their children. Instead, it may go to your other beneficiaries or to the Crown. Always name alternates.

Naming young children as beneficiaries without a trust

If you leave money to a minor, the court must appoint a guardian to manage it until the child turns 19. A better approach is to create a trust in your will, naming a trustee to manage assets for the child's benefit.

Failing to update your will after major life events

Your will should be reviewed and updated after:

• Marriage or divorce

• Birth of children or grandchildren

• Significant changes in financial circumstances

• Death of a beneficiary or executor

• Change in your wishes or priorities

Not naming an executor

If you die without naming an executor, the court appoints an administrator (usually a family member). This can lead to delays, disputes, and higher costs.

Storing the will in an unsafe location

If your will is lost or cannot be found, the court presumes you died without a will. Always:

• Keep the original in a safe place (safety deposit box, lawyer's office, registry office)

• Ensure your executor and family know where it is

• Keep a copy at home

What should be included in a will?

1. Name and identification

Clearly identify yourself as the testator and state that you are revoking all previous wills.

2. Appointment of executor

Name your executor and at least one or two alternates (in case your first choice is unable or unwilling to serve).

3. Funeral wishes

While not binding, expressing your wishes helps your family make decisions aligned with your values.

4. Distribution of personal items

Specify which family members receive jewelry, vehicles, artwork, or other sentimental items.

5. Distribution of the residuary estate

After specific bequests and debts are paid, describe how remaining assets are divided (often equal shares to children or spouse).

6. Trust provisions

If leaving assets to minors or vulnerable beneficiaries, create a trust specifying:

• Age at which they receive the assets

• Conditions or restrictions on use

• Who manages the trust (trustee)

7. Guardianship of minor children

Name guardians for your children (and alternates) who will raise them if both parents die.

8. Powers of the executor

Describe the executor's powers:

• Authority to sell assets

• Authority to make investment decisions

• Authority to pay debts and taxes

• Authority to distribute assets

9. Dispute resolution

Consider adding language directing beneficiaries to mediation or arbitration rather than court if disputes arise.

Professional help vs. DIY

Online will kits ($50-$200)

Pros: Inexpensive, quick

Cons: No legal review, high risk of errors, hard to customize

Lawyer-drafted will ($400-$1,200)

Pros: Properly executed, legally reviewed, customized to your situation, can incorporate tax planning

Cons: More expensive, takes time to draft and review

At Sea to Sky Law™

We help clients create valid, comprehensive wills that reflect their wishes and protect their families. We also help executors understand their obligations when administering an estate under a will.

This article is for general information only and does not constitute legal advice.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.