How to Make a Will in BC 2026 — Requirements & Cost

What every British Columbian needs to know about wills — the legal requirements, what happens without one, wills variation rights, and when to update yours.

What Makes a Will Valid in BC?

In British Columbia, wills are governed by the

. To be valid, a will must satisfy these requirements:

WESA also allows courts to "cure" an invalid will — where the court is satisfied the document reflects the genuine final wishes of the deceased. However, relying on a court to cure a deficient will is expensive and uncertain. A properly drafted and executed will is always the better path.

Dying Without a Will — Intestate Succession in BC

If you die without a valid will, BC's WESA intestacy rules determine who inherits — regardless of your wishes, your relationships, or your intentions. This is one of the most compelling reasons to have a professionally prepared will.

Approximate amounts — WESA periodically updates the spousal preferential share. A BC estate lawyer can advise on current figures.

A will that was correct when signed can become dangerously wrong. Update yours whenever any of these applies:

Critical: separation does not automatically revoke your will in BC

Under WESA, only a formal divorce revokes gifts and appointments to a former spouse. If you separate and haven't updated your will, your separated spouse may still inherit everything. Update your will the moment you separate — don't wait for divorce.

37 steps to make sure your estate is fully in order.

Estimate BC probate fees based on your estate value.

EstateKit — Give Your Executor a Head Start

. This Canadian organizer captures your financial accounts, insurance policies, digital assets, final wishes, and key contacts in one place, so the person you've named can act immediately without hunting through files and inboxes. It's the most practical gift you can give the people settling your estate.

Ready to put your will in place?

Sea to Sky Law™ has been preparing wills for BC families since 1991. We provide complete estate planning — wills, powers of attorney, representation agreements, and beneficiary reviews.

Make a Will in BC — Requirements, Cost & Legal Help | Sea to Sky Law

How to make a valid will in BC: legal requirements, witnesses, cost, whether you need a lawyer, challenging wills & what happens if you die without a will.

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Under BC's WESA, a valid will must be made by a person 16 or older with testamentary capacity, be in writing, signed by the will-maker at the end, and witnessed by two adults who are present at the same time and sign in the will-maker's presence. The witnesses (and their spouses) generally cannot benefit under the will.

Dying without a valid will (intestate) means WESA's intestacy rules dictate who inherits. A surviving spouse typically receives the first $300,000 (or $150,000 if the deceased had children from a prior relationship), with the rest shared between the spouse and children. Without a will, your wishes are not honoured, and the process is more expensive and time-consuming for your family.

No — this is one of the most misunderstood aspects of BC estate law. Under WESA, separation alone does not automatically revoke gifts or appointments to a spouse in your will. Only divorce automatically revokes them. If you separate, you must update your will immediately — your separated spouse could still inherit under your existing will until the divorce is finalized.

Yes. Under WESA s.60, a spouse or child who feels inadequately provided for can apply to the BC Supreme Court to vary (rewrite) the will. The court has broad discretion to alter the will's distribution if it was not adequate or just. This is a significant BC law — careful estate planning with legal advice can minimise the risk of a successful wills variation claim.

You should update your will after any major life change: separation or divorce, marriage, the birth of a child or grandchild, acquiring or disposing of significant assets, starting or selling a business, if an executor or beneficiary dies, or if you move to or from BC. After separation, updating your will is not optional — it should be done immediately.

A professionally prepared will in BC typically costs $400–$1,200 for a straightforward will, and $1,500–$4,000+ for a will combined with powers of attorney, representation agreement, and trust provisions. The cost depends on complexity — blended families, business interests, and testamentary trusts add time and legal work. The cost of a properly prepared will is almost always less than 1% of the estate value it protects, and a fraction of what an invalid or contested will costs families.

Dying without a will (intestate) means BC's WESA intestacy rules decide who inherits — not you. A surviving spouse receives the first $300,000 of the estate (or $150,000 if there are children from a prior relationship), with the remainder split between the spouse and children. Common-law partners of less than 2 years receive nothing. Without a will, an administrator must be court-appointed, the process is slower and more expensive, and your specific wishes for guardianship, assets, and beneficiaries are completely ignored.

Yes. Under WESA s.60, a spouse or child who was not adequately provided for can apply to BC Supreme Court to vary the will's distribution — regardless of the reasons you gave for the gift or exclusion. The court has broad discretion to rewrite distributions it finds inadequate. A wills variation claim must be started within 180 days of probate being granted. Careful planning and clear documentation of your intentions are the best protection.

You are not legally required to use a lawyer, but BC courts repeatedly see 'DIY' wills and online will kits cause costly problems: invalid execution, unclear language, unintended tax consequences, and failed wills variation defences. A professionally prepared will by a BC estate lawyer gives your family the greatest certainty and is almost always the most cost-effective choice when measured against the estate it protects.

After the birth or adoption of a child or grandchild

After a major purchase (home, investment property) or sale

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The will-maker must be at least 16 years old (or younger, if married).

The will-maker must understand what a will is, what property they own, who their natural heirs are, and that they are making a will.

The will must be a written document — handwritten, typed, or printed.

The will-maker must sign (or acknowledge a prior signature) at the bottom of the will.

Two adult witnesses must be present together when the will-maker signs, and both must sign in the will-maker's presence. Witnesses (and their spouses or common-law partners) cannot be beneficiaries.

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Spouse: first $300,000 + ½ remainder. Children: other ½ remainder equally

Spouse: first $150,000 + ½ remainder. Children: other ½ equally

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What to think about before meeting your lawyer to draft a will.

Signing, witnessing, and formal requirements under WESA.

Why separation makes updating your will urgent — and what happens if you don't.

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Wills BC — Legal Requirements and Estate Planning. A valid will in British Columbia must be made in writing, signed by the testator at the end of the will, and witnessed by two witnesses who are both present at the same time as each other and the testator. A beneficiary or spouse of a beneficiary should not act as a witness, as this may void the gift to that beneficiary. BC also recognises holograph wills that are entirely in the testator's handwriting and signed by the testator, without requiring witnesses. The Wills, Estates and Succession Act gives the BC Supreme Court a curative power to validate a will that does not meet formal requirements if the court is satisfied the document reflects the testator's testamentary intentions. If you die without a valid will, your estate is distributed under BC intestacy rules which may not reflect your wishes, especially in blended families or common law relationships. A will should be reviewed and updated after major life events including marriage, separation, divorce, birth of a child, death of a beneficiary, or significant changes in assets. BC law provides that marriage revokes a prior will. Separation does not automatically revoke gifts to a former spouse. Wills variation rights under WESA section 60 allow spouses and children to challenge an inadequate will. Andrew Liggett has prepared BC wills since 1991. Independent legal advice from a BC estate lawyer is strongly recommended before preparing or updating your will. Online will kits make dangerous assumptions and may not reflect BC law. Sea to Sky Law has prepared wills and estate plans for BC families since 1991. Sea to Sky Law has served British Columbia families and businesses since 1991. Our approach combines practical legal advice with compassionate understanding of the human situations behind every legal matter. We serve all of BC by phone or secure video. Independent legal advice is always strongly recommended before making decisions that affect your family, your estate, or your business.
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