It's a common and frustrating situation: you know your parent should have a will, but they won't do it. Here's what you can — and can't — do in British Columbia.
If your parent is getting older and hasn't made a will, you're not alone in worrying about it. Many adult children in BC find themselves in exactly this position — watching a parent age without any estate plan in place, knowing the consequences could be serious. The hard truth is that you cannot force someone to make a will. But there are steps you can take to protect your parent, and yourself, as best as possible.
Why Parents Resist Making a Will
The reasons vary widely. Some parents believe they don't have enough assets to bother. Others find the topic morbid and avoid it entirely. Some are stubborn about their autonomy. A few are genuinely confused about what a will does. And some are dealing with early cognitive decline that makes the subject more complicated than it appears.
Understanding the reason matters, because the right approach depends on it. If your parent simply hasn't gotten around to it, a gentle, practical conversation about what happens to their belongings without a will can be enough. If the reluctance is rooted in denial or avoidance, sometimes a trusted family friend, family doctor, or even their accountant can be more persuasive than a child.
What Happens If They Die Without a Will in BC
Without a will, BC's *Wills, Estates and Succession Act* (WESA) determines who inherits — and the result may not match what your parent would have wanted. If a parent dies without a will and leaves a surviving spouse, the spouse inherits most of the estate. If only one parent is living and has adult children, those children share the estate equally with the surviving spouse, according to a statutory formula. Close friends, charities, and anyone outside the immediate family get nothing, regardless of your parent's wishes; a common-law partner's entitlement depends on whether they meet WESA's definition of spouse.
For blended families, the results can be particularly messy. A stepparent your parent loved may receive nothing. Biological children from a first marriage may feel shortchanged. If your parent has common-law partner, that partner's rights are more limited than a legally married spouse's. These outcomes can tear families apart.
What You Can Do
Start by having a direct, calm conversation — not about death, but about what your parent *wants* to happen to their home, savings, and personal belongings. Ask them who they'd want to be in charge if they couldn't manage things themselves. Framing it as a practical decision (rather than a morbid one) sometimes breaks through resistance.
If that doesn't work, consider involving a neutral third party. A family lawyer can meet with your parent privately to explain the consequences of dying without a will in plain language — often more effectively than a worried child can. Many people take the issue more seriously when they hear it from a professional.
If you're genuinely concerned about your parent's cognitive capacity to make decisions, that changes things significantly. See the section below on mental capacity.
The Mental Capacity Question
A will must be made while a person has the legal capacity to do so — they must understand what a will is, what they own, who their family members are, and what it means to leave assets to specific people. If your parent already has dementia or a similar condition, they may or may not still have capacity, depending on the severity and the day.
This is a medical and legal question. A lawyer can assess whether testamentary capacity exists before drafting a will. If capacity is lost before the will is made, no one can make a will on their behalf — not even with power of attorney, which only covers decisions during a person's lifetime. At that point, if there's no will, the intestacy rules apply.
If you believe a parent is starting to decline, acting sooner rather than later is essential. The window can close faster than families expect.
If Capacity Is Already Gone
If your parent no longer has the capacity to make a will, you may need to apply to the BC Supreme Court for a *committee* order — a legal process that appoints someone to manage their financial and personal affairs. This is a more formal, more expensive route, but it can prevent serious harm if there's no existing plan in place.
BC's Public Guardian and Trustee can also become involved if there's no one suitable to act.
Protecting Yourself and Your Siblings
Regardless of whether your parent agrees to a will, document your conversations. If conflict with siblings or other family members is possible, having a clear record of discussions (and your parent's stated wishes) can matter later. If your parent does eventually agree to make a will, encourage them to do so with an independent lawyer — not one chosen by a sibling who might benefit.
A family lawyer with experience in estate planning can help you navigate these conversations and ensure that whatever your parent decides is done properly and clearly.
No. Making a will is a voluntary act, and no one — including family members — can force another person to create one. However, you can encourage the conversation, involve a lawyer or doctor, and ensure your parent understands what happens if they die without one.
BC's intestacy rules under the Wills, Estates and Succession Act determine who inherits. The estate is divided among the spouse and children according to a legal formula — it may not reflect your parent's actual wishes, and people outside the immediate family (common-law partners, friends, charities) typically receive nothing.
It depends on the severity. A person can make a valid will as long as they have testamentary capacity — meaning they understand what a will is, what they own, and who their family is. A lawyer can assess capacity before drafting. Once capacity is fully lost, no one can make a will on their behalf.
You may need to apply to the BC Supreme Court for a committee order to manage their affairs. BC's Public Guardian and Trustee can also become involved. A lawyer can advise on the right step based on your parent's specific situation.