Making a will in BC is one of the most important things you can do for your family — and it is more straightforward than most people expect. Here is exactly what is required.
A will is the foundation of every estate plan. Without one, your property passes according to BC's intestacy rules — which may bear no resemblance to your wishes. Making a will in BC is not complicated, but it must be done correctly to be valid.
Here is a complete step-by-step guide to making a valid will in BC in 2026.
Step 1: Decide What You Own and Who Gets It
Before drafting a word, take stock of what you have:
- Real property (your home, any investment or vacation properties)
- Financial accounts (bank accounts, GICs, savings)
- Registered accounts (RRSPs, RRIFs, TFSAs — note: these usually pass by beneficiary designation, not under your will)
- Life insurance (also passes by designation, not under the will)
- Personal property (vehicles, jewelry, art, furniture, collections)
- Business interests
- Digital assets (cryptocurrency, online accounts, digital media)
- Debts (mortgage, loans, credit cards — your estate is responsible)
Then decide who gets what. Common approaches:
- Everything to a spouse or partner, then to children equally on the spouse's death
- Specific gifts of particular items to named people, then the residue to others
- A portion to charity
Step 2: Choose Your Executor
Your executor (also called a personal representative) is the person who carries out your will — gathering your assets, paying your debts and taxes, and distributing the estate to your beneficiaries. This is a significant responsibility. Choose someone who is:
- ORGANISizED, reliable, and trustworthy
- Willing to take on the role (ask them first)
- Available — if they predecease you or cannot act, you need an alternate
- Ideally younger than you and not a potential beneficiary whose interest could conflict
If your estate is large, complex, or likely to be contentious, consider naming a professional executor (a trust company or a lawyer) — or co-executors.
Step 3: Choose a Guardian for Minor Children
If you have children under 19, your will should name a testamentary guardian — the person you want to care for your children if both you and their other parent are unable to do so. This is not legally binding (the court makes the final decision), but it is highly persuasive and gives your children's future the best possible foundation.
Choose someone who shares your values, has a genuine relationship with your children, and has the practical ability to take on the role. Name an alternate in case your first choice is unable to act.
Step 4: Consider Specific Gifts
If you want particular items to go to particular people — your grandmother's ring to your daughter, your car to your nephew — include those as specific bequests. Be precise: describe the item clearly enough to avoid ambiguity. Consider what happens if the item no longer exists at your death (the gift lapses unless you provide otherwise).
Step 5: Address the Residue
After specific gifts are distributed and debts are paid, everything that remains is the residue of your estate. Your will must clearly direct who receives the residue (or in what shares). If you leave the residue to multiple people, specify what happens if one of them dies before you.
Step 6: Have the Will Drafted and Executed Properly
This is where many DIY wills fail. Under BC's *Wills, Estates and Succession Act* (WESA), a will is only valid if it meets specific formal requirements:
- In writing — typed or handwritten
- Signed at the end — by the will-maker (testator)
- Witnessed — by two adult witnesses who are both present at the same time and who both sign in front of the testator
- Witnesses cannot be beneficiaries — if a witness is also a beneficiary (or the spouse of a beneficiary), the gift to that person is void under WESA s.43
All three people (the testator and both witnesses) must be in the same room at the same time when the will is signed.
Holograph Wills (Handwritten Only)
BC law also recognizes holograph wills — entirely handwritten and signed by the testator, with no witnesses required. A holograph will must be entirely in the testator's own handwriting (printed forms with handwritten additions do not qualify). While technically valid, holograph wills are prone to ambiguity and disputes, and are best used only in emergencies.
Step 7: Store Your Will Safely
A will that cannot be found is as good as no will. Keep the original in a safe, accessible location:
- A fireproof home safe
- Your lawyer's document storage
- The BC Vital Statistics Agency's Wills Registry — a searchable registry that records where your will is kept (not the will itself), for a modest fee
Tell your executor where the will is. Leaving a will in a safe-deposit box that no one can access without probate is a common and frustrating problem.
Step 8: Update Your Will When Life Changes
A will is not a one-time document. Review and update it when:
- You marry (marriage does not revoke a will in BC, but it may affect it)
- You separate or divorce (divorce revokes gifts to an ex-spouse under WESA; separation does not)
- A beneficiary or executor dies
- You have or adopt a child
- Your assets or wishes change significantly
What a Will Cannot Do
A will does not control everything:
- Registered accounts (RRSPs, RRIFs, TFSAs) pass by beneficiary designation — update these directly with your financial institution
- Life insurance passes to the named beneficiary
- Joint tenancy property passes by survivorship — not through the will
- Spousal trusts and pension survivor benefits follow their own rules
Why You Should Have a Lawyer Draft Your Will
DIY will kits and online tools miss the complexity that matters:
- Correctly addressing excluded property, blended family situations, and minor beneficiaries
- Drafting trust provisions for children who are minors
- Ensuring the will works with your beneficiary designations and joint accounts
- Proper execution — the most common reason wills fail
- Planning for tax consequences on death
A properly drafted will is one of the best investments you can make for your family.
*This article is general information about BC wills law. It is not legal advice. Contact Sea to Sky Law™ to have your will drafted properly and reviewed against your full estate plan.*
You are not legally required to use a lawyer, but it is strongly recommended. Improperly executed wills, ambiguous language, and failure to account for all assets are the most common causes of estate disputes and delays. A lawyer ensures your will is valid, clear, and aligned with your full estate plan.
A basic will drafted by a BC lawyer typically costs $400–$1,200 for a single person, or $500–$1,200 for a couple with mirror wills. More complex estates — with trusts, business interests, or blended family provisions — will cost more. The cost is modest compared to the potential savings for your estate.
Your estate is distributed under BC's intestacy rules (WESA). Your spouse and children inherit according to a fixed statutory formula — regardless of your actual wishes. A common-law partner (if not legally married) may receive nothing under the intestacy rules, even after a long relationship. The court appoints an administrator and the process is slower and more expensive than probate under a valid will.
In BC, marriage does not automatically revoke a will made before marriage (unlike some other provinces). However, if your will was made before your marriage and does not address your spouse, your spouse may have a wills variation claim against the estate. Always update your will when your relationship status changes.