Wills are often talked about but not always fully understood. Many people put off preparing one, thinking it’s something to be dealt with later in life. But having a valid Will is one of the most important steps you can take to ensure your wishes are respected and your loved ones are provided for. Without a properly prepared Will, your estate may not be distributed the way you intend, and in some cases, it can lead to disputes, delays, and unnecessary costs.
In British Columbia, the Wills, Estates and Succession Act (WESA) governs how Wills are created and recognized. While WESA does not prescribe a specific format for drafting a Will, it does set out essential requirements for a Will’s validity. Understanding both the minimum legal requirements and common drafting principles is key to ensuring your Will is legally enforceable:
Minimum legal requirements:
Age requirement – A Will-maker must be at least 16 years old to legally create a Will in B.C.
Mental capacity – The Will-maker must have mental capacity to make a will at the time of creating the Will.
Execution and witnesses – The Will must be signed by the Will-maker at the end of the document in the presence of two witnesses. Witnesses must both be 19 years of age or older, who must also sign in each other’s presence.
Written form – A Will must be in writing to be valid.
Important Drafting Principles
Identification – The Will should include the Will-maker’s full legal name (and any known aliases) to avoid confusion.
Revocation clause – A properly drafted Will should revoke all prior Wills to prevent conflicting instructions.
Executor appointment – The Will must clearly name an executor, ideally with at least one alternate, to manage the estate.
Distribution of the estate – The Will should specify how the residue of the estate will be divided (whether to one person, equally among beneficiaries, or in set shares/percentages).
Alternate beneficiaries – The Will should name backup beneficiaries in case primary beneficiaries predecease the Will-maker.
Witness details – Witnesses should print their names and contact information. Importantly, they should not be beneficiaries under the Will.
This list is not exhaustive and there are many other considerations to take into account. For example, blended families, second marriages, business ownership, or dependents with special needs can make estate planning more complex. A lawyer can help ensure your Will addresses these unique circumstances and reduces the risk of conflict after your passing.
This article is not a complete guide to creating a Will but an overview of the essential legal principles in British Columbia. Because every family and financial situation is different, it is strongly recommended that anyone preparing a Will consult an experienced Wills, Trusts, and Estates lawyer. Professional advice can give you peace of mind that your Will is valid, comprehensive, and truly reflective of your wishes.
If you are considering drafting or updating your Will, contact us today. Our team of dedicated estate planning lawyers can guide you through the process and answer any questions you may have.
The content provided here is intended for informational purposes only and is not a substitute for legal advice. Individual circumstances vary, and you should consult a lawyer to obtain advice tailored to your situation. For further guidance, please contact a qualified legal professional.
