Most people don’t think about writing a will until something prompts them to, a new child, a health scare, or simply a conversation with a friend who went through it themselves. An understandable hesitation, as a will can feel like a document meant for some later, more settled version of life. In practice, though, it’s one of the most immediate ways to protect the people who matter most, and putting one in place tends to be far more straightforward than people expect.
Our team of litigators carries with it decades of experience seeing what happens when a will’s wording falls short, whether that’s a provision that didn’t anticipate a certain circumstance, a question about whether a signature truly reflected someone’s wishes, or a disagreement about what fairness was supposed to look like. That vantage point is exactly why we believe so strongly in getting a will right from the start.
Why Estate Planning Matters
A will is one of the clearest ways to ensure your wishes are followed and the people you care about are properly provided for, since without one, British Columbia’s default rules under the Wills, Estates and Succession Act (WESA) determine how an estate is divided, and those rules may not reflect what you would have actually chosen.
Estate planning isn’t only for those with significant assets, either. More than anything, it’s a way of reducing uncertainty and, in many cases, reducing the potential for conflict among family members later on.
What Is a Will, and What Does It Do?
A will is a legal document that sets out how a person’s property should be distributed after they pass away, though it can do quite a bit more than that. Beyond dividing assets, it can name an executor and address specific wishes that might not otherwise be captured by the law’s default rules.
How a Lawyer Can Help
Writing a will yourself is certainly possible, but doing so carries real risk, since a lawyer can help make sure a will is properly drafted, clearly worded, and legally valid so that it holds up exactly as intended.
This often includes identifying gaps that a person might not think to address on their own, such as what happens if a beneficiary predeceases the will-maker, or how a blended family’s relationships should be reflected. A lawyer can also help translate personal wishes into language precise enough to avoid ambiguity later, which matters more than it might seem once a will is actually being interpreted.
Key Components of a Valid Will in British Columbia
For a will to be valid in BC, certain formal requirements generally need to be met:
- The will must be in writing, whether typed or handwritten, as an oral will is not recognized under BC law
- The will-maker must sign the document, or direct someone else to sign it on their behalf, in their presence
- The signature must be made, or acknowledged, in the presence of two or more witnesses who are present at the same time
- Those witnesses must then sign the will themselves, in the presence of the will-maker
- The will-maker generally must be at least 16 years old, and must have the mental capacity to understand the nature and effect of making a will
Beyond these formalities, though, a well-drafted will usually goes further, addressing:
- How property and assets should be distributed among beneficiaries
- The appointment of an executor, along with an alternate in case the first choice is unable to act
- Arrangements for the care of minor children, including the appointment of a guardian
- Specific bequests, such as particular items or gifts left to a specific person or organization
- Instructions for what should happen if a beneficiary predeceases the will-maker
Executors and Their Responsibilities
An executor is responsible for administering the estate, from gathering assets and paying debts to distributing what remains in accordance with the will. It’s a role that carries real legal weight, which is why choosing the right person matters just as much as drafting the will itself.
A lawyer can help you think through who is best suited to take this on, and can walk your chosen executor through what the role will actually require of them. For a closer look at what those duties involve day to day, see our guide to executor duties in British Columbia.
Power of Attorney: A Related, but Separate, Document
A power of attorney is not part of a will, though it’s often discussed alongside one, since it allows a person to appoint someone to make financial or legal decisions on their behalf during their lifetime, typically if they become unable to do so themselves.
Because a will only takes effect after death, a power of attorney addresses an entirely different set of circumstances, which is why many people choose to put both documents in place at the same time. Healthcare and personal care decisions are typically handled through a separate document, a Representation Agreement, sometimes referred to informally as a living will; we go into more detail on how that works in our guide to living wills in BC.
Avoiding Disputes Down the Road
Even carefully written wills can be challenged, and the specific grounds for those challenges, from questions of capacity to claims that adequate provision wasn’t made for a spouse or child, are worth understanding in more detail; we’ve covered them separately in our guide to estate litigation in BC.
What’s worth emphasizing here is that clear, thoughtful drafting is one of the most effective ways to prevent those disputes from arising in the first place. When conflict does happen, it helps to have counsel familiar with both the planning that came before and the litigation that can follow, so nothing about the situation feels entirely unfamiliar.
Frequently Asked Questions
Can I use an online template instead of hiring a lawyer?
You can, though online templates are built to apply broadly and don’t account for the specific details of your life, your assets, your family structure, or the provincial requirements a will needs to meet in order to be valid. A lawyer can help make sure nothing gets missed simply because it didn’t fit the template.
What happens if I die without a will in BC?
In that case, your estate would generally be distributed according to the rules set out in the Wills, Estates and Succession Act, which may not align with what you would have chosen, since those default rules apply the same way regardless of your specific circumstances or relationships.
What’s the difference between a will and a living will in BC?
A will addresses what happens to your estate after you pass away. A “living will,” which in BC generally refers to a Representation Agreement or Advance Care Plan, addresses medical and personal care decisions during your lifetime, if you become unable to make them yourself. The two serve different purposes and are usually put in place alongside each other. For more detail, see our guide to living wills and Representation Agreements in BC.
If you have questions about writing a will, updating an existing one, or a concern involving an estate, whether you’re just getting started or already sensing that something isn’t right, we’re here to help you understand your options. Get in touch at avize.ca/contact/.