How to Make a Will in BC (2024 edition)

Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you're gone. In British Columbia, the process of making a will has its own unique set of rules and requirements that you need to be aware of.

Recent updates to BC will laws have made the process more accessible and flexible, allowing for electronic wills and video witnessing as of December 1, 2021. These changes reflect the evolving needs of BC residents and provide more options for creating a legally valid will.

Understanding the specifics of will-making in BC is crucial to ensure your will is valid and enforceable. This guide will walk you through the legal requirements, steps to create your will, and special considerations unique to British Columbia's legal landscape.

A will is a legal document that outlines how you want your assets distributed after your death. It also allows you to appoint an executor to manage your estate and name guardians for any minor children. In British Columbia, wills are governed by the Wills, Estates and Succession Act (WESA), which sets out the rules for creating and executing a valid will.

The importance of having a will cannot be overstated. Without one, your assets will be distributed according to BC's intestacy laws, which may not align with your wishes. Additionally, the court will appoint an administrator for your estate and guardians for your children, potentially leading to family disputes and added stress during an already difficult time.

Creating a legally valid will in British Columbia is a crucial step in ensuring your wishes are carried out after your passing. The province has specific requirements that must be met for a will to be considered valid and enforceable. Understanding these requirements is essential for anyone looking to create or update their will in BC. Let's explore the key elements you need to know.

Age and Capacity

In British Columbia, you must be at least 16 years old to make a valid will. However, this doesn't mean that everyone over 16 can automatically create a will. You must also have the mental capacity to understand the nature and consequences of making a will, known as "testamentary capacity."

Testamentary capacity means you understand:

• The nature and extent of your property
• Who might have claims on your estate (such as dependents)
• The effect of making a will

It's important to note that while you only need to be 16 to make a will, your witnesses must be at least 19 years old. This ensures that the witnesses are legally adults and can potentially testify about the will's execution if needed in the future.

Formal Requirements

For a will to be legally valid in British Columbia, it must meet several formal requirements:

1. The will must be in writing. This can be typed or in electronic form.
2. The will-maker (also called the testator) must sign the will at the end. If the will-maker is unable to sign, they can direct someone else to sign on their behalf in their presence.
3. The will must be signed in the presence of at least two witnesses. These witnesses must also sign the will in the presence of the will-maker and each other.

As of December 1, 2021, BC law recognizes electronic wills and allows for video witnessing. This means you can create, sign, and witness a will entirely online, as long as you follow the proper procedures.

Now that you understand the legal requirements for making a valid will in British Columbia, let's walk through the process of creating your will. This step-by-step guide will help you navigate the choices and decisions you'll need to make to ensure your will accurately reflects your wishes and meets all legal standards.

Step 1: Choose Your Will Format

The first step in creating your will is deciding on the format that best suits your needs and circumstances. When creating your will in British Columbia, you have several options to choose from:

1. Lawyer-drafted wills offer the highest level of customization and legal expertise. A lawyer can help navigate complex family situations, business interests, or large estates. They can also provide advice on tax implications and estate planning strategies.
2. Online will platforms provide a middle ground between lawyer-drafted wills and DIY options. These services typically use questionnaires to gather information and generate a will based on your responses. They can be a good option for straightforward estates and are generally more affordable than lawyer-drafted wills.
3. DIY will kits are the most affordable option but come with the highest risk of errors. These kits provide templates and instructions for creating your own will. While they can work for very simple estates, they may not cover all necessary legal requirements or address complex situations.

When choosing your will format, consider factors such as the complexity of your estate, your budget, and your comfort level with legal documents. Remember that while cost is an important consideration, ensuring your will is legally valid and accurately reflects your wishes is paramount.

Step 2: Identify Your Assets

The next step in creating your will is to make a comprehensive list of your assets. This includes:

• Real estate properties

• Vehicles

• Bank accounts and investments

• Personal belongings of value (jewelry, artwork, etc.)

• Digital assets (online accounts, cryptocurrencies)

It's important to understand how joint ownership affects your will. Assets held in joint tenancy with right of survivorship pass directly to the surviving owner(s) and are not governed by your will. Similarly, assets with designated beneficiaries (like life insurance policies or certain retirement accounts) pass outside of your will.

Step 3: Appoint an Executor

Choosing an executor is a crucial decision in the will-making process. Your executor will be responsible for managing your estate, paying debts, and distributing assets according to your wishes. Key qualities to look for in an executor include:

• Trustworthiness and integrity

• Financial acumen

• Organizational skills

• Ability to handle potential family conflicts

Consider naming alternate executors in case your first choice is unable or unwilling to serve when the time comes. This can help avoid delays in the probate process.

Step 4: Choose Beneficiaries

In your will, you'll need to specify who will inherit your assets. Beneficiaries can be individuals, organizations, or charities. When choosing beneficiaries, consider:

• Your immediate family members (spouse, children)

• Extended family or friends

• Charitable causes you support

In British Columbia, spouses (including common-law partners) and children have certain rights under the law. If you plan to exclude or provide less for a spouse or child than they might expect, it's crucial to document your reasons clearly to reduce the risk of your will being challenged.

Don't forget about your pets! While you can't leave money directly to an animal, you can designate a caregiver and set aside funds for your pet's care.

Step 5: Guardianship for Minor Children

If you have minor children, naming a guardian in your will is essential. This person will be responsible for caring for your children if both parents pass away before the children reach adulthood. When choosing a guardian, consider:

• The potential guardian's values and parenting style

• Their financial stability and living situation

• Their relationship with your children

• Their willingness to take on the responsibility

It's wise to name alternate guardians in case your first choice is unable to fulfill the role. Always discuss your intentions with potential guardians before naming them in your will.

Step 6: Specify Bequests and Distribution

When detailing how you want your assets distributed, you can make specific bequests (leaving particular items to certain individuals) or divide your estate more generally. Consider:

• Specific bequests: "I leave my grandmother's diamond ring to my daughter, Jane."

• Residuary bequests: "I leave the remainder of my estate to be divided equally among my children."

For beneficiaries who are minors or who may need help managing their inheritance, you can set up trusts within your will. This allows you to specify how and when the beneficiary will receive their inheritance.

Step 7: Finalizing Your Will

After carefully considering your assets, beneficiaries, and any special circumstances, you're ready to finalize your will. This crucial step involves properly executing the document to ensure its legal validity and taking measures to safeguard it for the future. Let's walk through the key aspects of finalizing your will in British Columbia.

Step 8: Signing and Witnessing

Properly signing and witnessing your will is crucial to ensure its validity. In British Columbia, you must sign your will at the end in the presence of two witnesses. These witnesses must then sign the will in your presence and in the presence of each other.

It's important to choose your witnesses carefully. They should be adults (19 years or older) who are not beneficiaries of your will or spouses of beneficiaries. Ideally, choose witnesses who are likely to be available in the future if needed to testify about the will's execution.

As of 2021, BC law allows for electronic signing and video witnessing of wills. This means you can create and sign your will entirely online, provided you follow the proper procedures. When using video witnessing, ensure that all parties can clearly see and hear each other throughout the signing process.

Step 9: Storing Your Will

Once your will is signed and witnessed, proper storage is essential. Choose a safe, fireproof location such as a safety deposit box or a secure home safe. If you use a safety deposit box, ensure your executor knows how to access it.

Inform your executor of your will's location. This ensures they can easily locate and access the document when needed. Consider providing them with a copy, but make it clear which version is the original.

While not mandatory, registering your will with the BC Wills Registry is highly recommended. This doesn't involve filing the actual document, but rather recording its location. This can help prevent lost wills and simplify the probate process for your executor.

Creating your will is a significant achievement in planning for your family's future. However, it's important to remember that estate planning is an ongoing process. Life changes, and your will should evolve to reflect these changes. Here's what you need to know about maintaining your will after its creation.

Reviewing and Updating

Your will isn't a "set it and forget it" document. Life changes, and your will should reflect those changes. Review your will regularly, ideally every few years, and after any major life events such as:

• Marriage or divorce
• Birth or adoption of children
• Purchase or sale of significant assets
• Changes in your financial situation
• Death of a beneficiary or executor

When making changes, you have two options. For minor updates, you can create a codicil, which is an amendment to your existing will. For significant changes, it's often clearer and legally safer to create an entirely new will that revokes all previous versions.

Remember, keeping your will up-to-date ensures that it accurately reflects your current wishes and circumstances, providing peace of mind for you and clarity for your loved ones.

Other Important Estate Planning Documents

While a will is crucial, it's not the only document you should consider for comprehensive estate planning. Two other important documents are:

Power of Attorney: This document allows you to appoint someone to manage your financial and legal affairs if you become incapacitated. In BC, you can create an enduring power of attorney that remains in effect even if you lose mental capacity.

Representation Agreement: This document allows you to appoint someone to make health care and personal care decisions on your behalf if you're unable to do so. There are two types in BC: Section 7 (for routine decisions) and Section 9 (for more complex decisions).

These documents complement your will by ensuring your affairs are managed according to your wishes both during your lifetime and after your death.

While the basic requirements for creating a valid will in British Columbia apply to everyone, certain life circumstances may require additional thought and planning. These special considerations can significantly impact how you structure your will and distribute your assets. Understanding these nuances is crucial to ensuring your will accurately reflects your wishes and stands up to potential legal challenges. Let's explore some of the most common special circumstances you might need to address in your will.

Blended Families

Creating a will for a blended family can be complex. You'll need to balance the needs of your current spouse with those of children from previous relationships. Strategies to consider include:

• Creating a spousal trust to provide for your spouse during their lifetime, with the remaining assets passing to your children upon the spouse's death
• Using life insurance to provide for certain beneficiaries outside of the will
• Clearly documenting your reasons for any unequal distributions to reduce the risk of challenges to your will

Common-Law Relationships

In British Columbia, common-law partners have similar rights to married spouses when it comes to inheritance. If you've been living with your partner in a marriage-like relationship for at least two years, they may have a claim on your estate even if you don't include them in your will.

To avoid potential disputes, it's important to explicitly address your common-law partner in your will, whether you intend to provide for them or not. If you choose not to provide for a common-law partner, clearly document your reasons.

Disinheriting Family Members

While you generally have the freedom to distribute your assets as you see fit, British Columbia law allows certain family members to challenge a will if they feel they haven't been adequately provided for. This includes spouses and children.

If you intend to disinherit a family member or leave them less than they might expect, it's crucial to:

• Clearly state your intention in the will
• Provide detailed reasons for your decision
• Consider leaving a token amount to show that the omission wasn't an oversight

By carefully addressing these special considerations in your will, you can help ensure that your final wishes are respected and reduce the likelihood of legal challenges to your estate.

Securing Your Legacy in British Columbia

Creating a will is a crucial step in ensuring your wishes are honoured and your loved ones are protected after you're gone. Throughout this guide, we've explored the key aspects of making a will in British Columbia:

• The legal requirements for a valid will in BC, including age, capacity, and formal execution
• The importance of choosing the right will format for your situation
• Steps to create your will, from identifying assets to appointing an executor
• Special considerations for blended families, common-law relationships, and other unique circumstances
• The process of finalizing and storing your will
• The importance of regularly reviewing and updating your will

While BC offers various resources for will-making, including legal aid and government guides, it's clear that creating a will can be a complex process, especially for those with unique family situations or substantial assets.

Take Action Today with ClearEstate's Online Will Service

Don't let the complexity of will-making deter you from this essential task. At ClearEstate, we've simplified the process with our user-friendly online will service. Our platform combines the convenience of digital tools with the assurance of legal expertise, offering you:

• Step-by-step guidance tailored to BC laws
• Customizable options to fit your unique situation
• Legal review to ensure your will is valid and enforceable
• Secure storage of your digital will
• Easy updates as your life circumstances change

Whether you're creating your first will or updating an existing one, our online service provides a straightforward, affordable solution that doesn't compromise on legal validity.

Ready to secure your legacy? Take the first step towards peace of mind by creating your online will with ClearEstate today. Our team of experts is here to support you through every step of the process.

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