British Columbia Law

Wills Preparation - Don't DIY Your Most Important Legal Document

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

We offer comprehensive estate planning — including Will preparation and advice about the best solutions for your specific circumstances — to anyone in British Columbia. Whether you live in Vancouver, the Fraser Valley, the Interior, or Northern BC, we can assist you virtually.

Why Your Jurisdiction Matters

It is important to remember that laws vary by jurisdiction. BC's Wills, Estates and Succession Act (WESA) governs Wills made in BC, and it differs significantly from Alberta's Wills and Succession Act, Ontario's Succession Law Reform Act, and certainly from the laws of American states.

An online form drafted for a general North American audience — or even for another Canadian province — may not meet BC's formal requirements for a valid Will. It is a very expensive assumption to think that a generic template is correct for where you live.

The Risk of DIY Wills

Doing anything involving laws without a lawyer — such as online Will-drafting software or paper "Will Kits" sold at stationery stores — means making big legal decisions without legal advice. Like do-it-yourself home plumbing, the results can be very expensive to fix when they go wrong.

And unlike a leaky pipe, a defective Will may not reveal its problems until after you have died — at which point it is too late to correct, and your family bears the cost and conflict.

Common problems with DIY Wills include:

Failure to meet BC's witnessing requirements (WESA requires two witnesses who are not beneficiaries)
Missing or ambiguous residuary clauses, leaving part of your estate undistributed
No alternate Executor named
Gift-over provisions missing for beneficiaries who predecease the testator
Failing to account for how the Will interacts with jointly-held assets or named beneficiaries on insurance and RRSPs

What a Properly Drafted Will Covers

Your Last Will & Testament is the legally accepted document recording your written wishes for:

Who will administer your estate (Executor and Trustee)
Who will receive your assets (beneficiaries)
Any specific gifts of property, heirlooms, or money
How the residue (everything remaining) is distributed
Guardianship of your minor children (if applicable)
Your funeral and burial or cremation preferences

A Will only comes into effect after your death — it has no legal force while you are alive. This means your estate plan must also address the period before your death, when you may be incapacitated and unable to manage your own affairs.

Planning for Incapacity: Documents You Need Before Death

BC law provides three key documents for planning during your lifetime:

Enduring Power of Attorney (EPA): Authorizes a trusted person to manage your financial and legal affairs if you become incapacitated. Unlike a regular POA, an EPA survives your incapacity — which is precisely when you need it most.
Representation Agreement (RA): Under BC's Representation Agreement Act, this document authorizes someone to make personal and health care decisions on your behalf — including decisions about medical treatment, living arrangements, and end-of-life care.
Advance Directive: A specific instruction to health care providers about the treatment you want (or do not want) if you are unable to consent.

Without these documents, your family may need to apply to the BC Supreme Court for a Committee Order under the Patients Property Act — a time-consuming, expensive process — simply to manage your affairs while you are alive but incapacitated.

The BC Wills Registry

BC has a Wills Registry administered by the Vital Statistics Agency. You can register your Will there so that family members and the courts can locate it after your death. We recommend all clients register their Will and keep the original in a secure but accessible location, with a trusted person knowing where to find it.

Estate Planning for Blended Families and Common-Law Couples

BC's WESA extends intestate succession rights (inheritance when there is no Will) to common-law spouses who lived together for at least two years. But intestate rules are rigid and rarely reflect your actual wishes.

If you have children from a prior relationship, a blended family, or significant assets, a carefully drafted Will is essential to ensure your wishes are followed and to minimisize the risk of a wills variation claim under Part 4 of WESA.

Sea to Sky Law™ prepares Wills and complete estate plans for clients across all of British Columbia. Contact Andrew Liggett BA JD CD to discuss your estate planning needs and ensure your wishes are protected.

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