A BC will must meet specific legal requirements. Here is what BC law requires — witnesses, signatures, capacity — and how to avoid common mistakes under WESA.
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:
1. Your spouse (if any)
2. Your children
3. Your parents
4. Your siblings
5. Your grandparents and their descendants
6. Aunts, uncles, and cousins
7. 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.
Contact us for a free consultation to discuss your will and estate plan.
This article is for general information only and does not constitute legal advice.
Under BC's Wills, Estates and Succession Act (WESA), a Will must be in writing, signed at the end by the Will Maker, and witnessed by two witnesses who are both present and who each sign in the presence of the Will Maker. Witnesses (and their spouses) must not be beneficiaries, or the gift to that beneficiary may be void. A holograph Will — entirely handwritten and signed by the Will Maker, with no witnesses — is also valid in BC.
Yes, but it carries significant risk. Errors in wording, missing clauses, or failure to meet WESA's formal requirements can make a Will invalid or lead to expensive court disputes. Common DIY mistakes include missing residuary clauses, improper witnessing, and gifts to witnesses. A lawyer-drafted Will costs a fraction of what a disputed estate costs to resolve.
If your Will is found to be invalid, your estate is distributed as if you had no Will at all — under BC's intestate succession rules. This rigid formula may not reflect your wishes. It can leave out a common-law partner, treat step-children as strangers, or divide assets in ways that cause family conflict.
Review your Will every 3–5 years and after major life events: marriage, separation or divorce, birth of a child or grandchild, death of an executor or beneficiary, or a significant change in your assets. In BC, divorce or separation can affect certain Will provisions, and a Will that was accurate five years ago may no longer reflect your actual family or financial situation.