British Columbia Law
Will Drafting - Your Primary After-Death Planning Document
We provide Will drafting to anyone in BC. A Last Will & Testament is your primary document to officially record your after-death estate planning decisions. In your Will you need to appoint who will administer your estate, who will receive your net estate after creditors are paid, and your funeral wishes.
If you do not make a valid Will, legislation will dictate what happens - which might not be how you would like it.
Also important is your before-death planning. A Will gives no authority before death. To appoint people to make decisions for you before death, you need a Power of Attorney for simple financial authority, and - since we live much longer now - a Representation Agreement to detail both your care and what kind of medical efforts you want used to preserve your life.
These before-death and after-death decisions can be confusing and stressful. Sea to Sky Law™ walks you through each step clearly and completely, ensuring your documents reflect your true wishes.
What a BC Will Must Contain
In British Columbia, a Will is governed by the Wills, Estates and Succession Act (WESA). To be legally valid, a Will must meet specific formal requirements under WESA section 37: it must be in writing, signed at the end by the Will Maker, and witnessed by two or more witnesses who are both present and who each sign in the presence of the Will Maker.
The witnesses must not be beneficiaries under the Will, and their spouses must not be beneficiaries - or the gift to that beneficiary may be void.
A holograph Will - one entirely written and signed in the Will Maker's own handwriting, with no witnesses - is also valid under WESA, but it carries significant risks: handwriting disputes, challenges to capacity, and ambiguity that a lawyer-drafted Will would have prevented.
The key elements every BC Will should address are:
The Executor: Who will administer your estate? Name a primary executor and an alternate. The executor has broad legal authority to gather and protect assets, pay debts, file tax returns, and distribute the estate. Without a named executor, the court must appoint an administrator, which adds cost and delay.
Guardians for minor children: If you have children under 19, name a guardian (and an alternate). This is one of the most important decisions any parent makes in their Will.
Beneficiaries: Who receives your estate, in what proportions, and under what conditions? Be specific. Ambiguity is expensive.
Residuary clause: After all specific gifts, debts, and taxes are paid, who receives the remainder (the residue) of your estate? Every Will should have a residuary clause so that there is no "undistributed residue" that falls into intestacy.
Funeral wishes: While not legally binding (because the executor has authority over burial decisions), stating your funeral wishes clearly helps your family carry them out.
Common Will Drafting Mistakes
Lawyer-assisted Will drafting prevents the most common and costly mistakes:
Naming only one executor with no alternate. If your executor has died or is unable to act, there is no one with authority to administer your estate without a court application.
Leaving unclear or contradictory gift instructions. Courts will try to interpret ambiguous gifts, but the process is expensive and unpredictable.
Failing to account for new assets or changed circumstances. A Will made in 2000 may not mention investments, property, or business interests acquired since then.
Naming a minor as a direct beneficiary. Under BC law, a minor cannot receive significant property directly. Without a trust structure in the Will, assets left to a minor may be paid into the Public Guardian and Trustee until age 19, removing your family's control over how those assets are used.
Including conditions that are illegal or impossible to perform. Conditions attached to gifts (such as "if my son marries a person of the same religion") may be void for being contrary to public policy.
The Will Is Not Your Entire Estate Plan
A common and costly misunderstanding is that a Will covers all your assets. In BC, several important assets pass outside the Will entirely:
RRSPs, RRIFs, and TFSAs with a named beneficiary designation go directly to that beneficiary, bypassing your Will entirely.
Life insurance policies with a named beneficiary also pass outside the Will.
Jointly-owned property passes to the surviving joint owner by right of survivorship, regardless of what your Will says.
These designations and joint ownership arrangements must be reviewed as part of a complete estate plan. A Will that says "I leave everything to my children" is ineffective if all your significant assets pass outside the Will by designation or joint ownership.
Dying Without a Valid Will in BC
If you die without a valid Will (intestate), WESA's intestate succession rules determine who inherits. These rules are clear but inflexible: they do not account for your actual relationships, your family dynamics, or your personal wishes.
Common outcomes that surprise families include: a long-term partner who does not meet the two-year common-law definition receiving nothing; blended families where step-children receive nothing; or a spouse receiving only a portion of the estate while the rest goes to children from a prior relationship.
Sea to Sky Law™ provides Will drafting and complete estate planning services to clients across all of British Columbia, virtually. Andrew Liggett BA JD CD brings decades of experience to every Will he drafts, ensuring your documents are clear, comprehensive, and crafted to last. Contact us today to begin or update your estate plan.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.