How to Make a Legal Will in British Columbia
- Governing statute: Wills, Estates and Succession Act, S.B.C. 2009, c. 13
- Minimum age to make a will: 16
- Witnessing rule: 2 witnesses required, present at the same time as you sign.
- Handwritten (holographic) wills: British Columbia does not have a general "handwritten will" exception — the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 normally requires a will to be signed in the presence of 2 witnesses to be valid. Courts do have limited discretion to cure a document that clearly reflects someone's final wishes even if it wasn't signed and witnessed correctly, but that's a costly, uncertain court process, not a substitute for a properly witnessed will.
What makes a will legal in British Columbia
A will in British Columbia is governed by the Wills, Estates and Succession Act, S.B.C. 2009, c. 13. To be valid, the will-maker must be at least 16 years old, sign the document, and have that signature witnessed by 2 witnesses (each at least 19) who are present at the same time and are not beneficiaries under the will. Notarization is not required — signing and witnessing correctly is what makes a will legal, not who drafted it.
What happens if you die without a will in British Columbia
If you die without a will in British Columbia, the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 decides who inherits — not you. Your spouse and children receive set shares by formula (your spouse doesn't automatically get everything if you have kids from a previous relationship), and if you leave no spouse, children, or other eligible relatives, your estate goes to the Minister of Finance for the Province of British Columbia. Making a will lets you choose your own beneficiaries and avoid the formula entirely.
Your options for making a will in British Columbia
In British Columbia you generally have four routes to a will: an online generator like I'M DEAD (fast, free to preview, province-specific, you still print and sign in person); a lawyer (highest cost, best for complex estates); a paper will kit (cheap but generic, easy to get the British Columbia-specific rules wrong); or a fully handwritten will (risky here — see the holographic-validity note above). For a typical estate, an online will plus correct in-person signing covers most people's needs.
Fast, province-specific, free to preview — you still print and sign in person.
Highest cost, best for complex estates, trusts, or a contested family situation.
Cheap but generic — easy to get your province's specific rules wrong.
Risky without a general holographic-will exception — see the note below.
Power of attorney terminology in British Columbia
Enduring Power of Attorney — the person you appoint is called your Attorney, under the Power of Attorney Act, R.S.B.C. 1996, c. 370.
Representation Agreement (Section 9) — the person you appoint is called your Representative, under the Representation Agreement Act, R.S.B.C. 1996, c. 405.
British Columbia will FAQ
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Start your British Columbia willOther provinces and territories we cover
Quebec — not supported (civil law is a different system).
Including Yukon, Northwest Territories, and Nunavut — which most online will platforms don't serve.