How to make a legal will in British Columbia

The governing statute, who has to watch you sign, and what happens to your estate if you die without one.

Key takeaways

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. A will does not need to be notarized. Signing and witnessing correctly is what makes a will legal, not who drafted it.

If you die without a will

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

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.

Online will generator (like I'M DEAD): Fast, province-specific, free to preview. You still print and sign in person.
A lawyer: Highest cost, best for complex estates, trusts, or a contested family situation.
A paper will kit: Cheap but generic, and easy to get the rules where you live wrong.
A fully handwritten will: Risky without a general holographic-will exception. See the note below.

Power of attorney terminology

Financial decisions: 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, Part 2.
Health & personal care: Representation Agreement (Section 9). The person you appoint is called your Representative, under the Representation Agreement Act, R.S.B.C. 1996, c. 405, section 9.