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What is The Cost of a Will in British Columbia?

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    A will is one of the most important documents you can make as an adult. 

    Not only does it give you peace of mind knowing your assets will be distributed according to your wishes, but making a will also allows you to appoint an executor to manage your estate, choose a guardian to look after your dependents, name beneficiaries to receive assets, and finally, document your funeral and burial wishes. 

    You can do all of that in just a simple will. In fact, a simple will works for most Canadians. But if your estate is more complicated, for example, you have assets in multiple provinces or countries, or you have a more complex family situation, then you might need a more complex will. 

    In this article, we’ll go over the different types of wills you can make in British Columbia, the cost of making a will in BC based on each type, and how you can find out which type is best for you.

    Key takeaways

    • Making a simple will in BC can cost, on average, anywhere from $0-$821
    • Legal types of wills in BC: witnessed handwritten wills, will kits, online wills, lawyer-drafted wills
    • Holographic wills, which are handwritten wills signed without witnesses, are not legal in BC
    • Keep in mind additional fees related to notarization, future updates, and executor fees when making your will

    Factors Influencing the Average Cost of a Will in BC

    According to a 2021 Canadian Lawyers Magazine survey, the cost of a simple will can be anywhere from $0 to $821. That’s a big range, but there are good reasons for it.

    There are a few factors that can affect the cost of your will. These factors include things like how many adults are creating wills (just you, both you and your partner, etc.), the complexity of your personal situation, what type of will you want, and whether you’re making a full estate plan or just a will.

    • Choose how many wills you want to make: Legally, each adult needs to make their own will. But depending on what type of will you make, you can get a discount if you buy more than one. For example, Willful has a Premium x 2 plan that includes estate plans for two adults at a discounted price.
    • Situational complexity: Your estate can be simple or complex. Things that add complexity to your estate situation can include family status, relationship status (separated but not divorced), wanting to create a trust other than a testamentary trust or a specific type of testamentary trust (Henson Trust, Spousal Trust, etc.), creating dual wills, disinheriting family members, or adding complex clauses. 

    Different types of wills may be more suitable for your situation and budget than others. 

    • Willful, as an online will platform, is a great option for simple estates and wills, and suits the needs of most Canadians. 
    • While the most expensive type of will, lawyer-drafted wills can be good for estates that need tailored legal advice, living trusts, or complex clauses. 
    • Will kits are easy to get your hands on, but they can be limiting as one-size-fits-all, fill-in-the-blank documents.
    • Holographic wills are free, but because this type of will doesn’t have witnesses, it is not legal in BC. In BC, all types of wills require two witnesses to be valid. The only exception for wills that can be made without witnesses are those made during active military service (see sections 37 and 38 in the Wills, Estates and Succession Act). 
    • Handwritten wills are legal in BC as long as they are signed by both the testator and two witnesses.
    • Getting more estate plan documents: Depending on what type of will you choose, you may get a discount when you buy an estate plan package with power of attorney documents, asset lists and more. 

    See Willful’s complete estate plan options, starting at $189 →

    Comparing Will Costs in British Columbia

    How much does it cost to draft a will in BC?

    If you want to make a simple will in BC, here’s a breakdown of how much it would cost, on average, depending on what type of will you make:

    Handwritten will DIY will kit Willful Other online will platforms Lawyer
    Made with pen and paper. Must have witnesses and witness signatures. A pre-printed will with blank spaces to fill in your information. An online will approved by the Law Society of BC and customized to your situation and wishes. An online fill-in-the-blank will, which depending on the provider, may or may not be lawyer-approved or customizable. A customized will created by a legal professional who can tailor it to your situation and give you legal advice on how best to delegate your estate.
    $0 Under $50 $99 $40 to $139 $821-$6,900

    According to data from the 2021 Canadian Lawyer Magazine survey. Last updated July 18, 2024.

    How much do most lawyers charge for a will?

    On average, the cost of a simple will made by a lawyer in BC is $821. For a complex will, that price can go as high as $6,900. 

    Lawyer fees also take into account hourly rates, the lawyer’s expertise, and the location in which they’re operating. 

    How much is a will by a notary in BC?

    Like lawyers, notaries have high fees for drafting wills. On average, they can charge anywhere from $420 to $650, plus disbursements and taxes.

    Which type of will is right for me?

    It’s important to consider more than just cost when choosing how to make your will. You may also want to consider:

    1. How complex your estate is, and which types of wills can accommodate your wishes
      1. If you have legal expertise, you can write a witnessed handwritten will and make it as complex as needed. But if you don’t have that background, it can be hard to write a handwritten will without contradicting yourself.
      2. Lawyers can often make complex wills based on your unique circumstances, but they are the most expensive option. A notary public can also help you prepare a will.
    2. The level of legal guidance you need when creating your will
      1. Willful makes it easy to create your will with online guidance and also has an expert support team you can reach out to at any time
      2. Witnessed handwritten wills and will kits do not include any additional legal help when making your will
    3. Your comfort level using online platforms versus in-person legal services
      1. Consider where you’d feel most comfortable: documenting your wishes in pen and paper at your desk, online from the comfort of home, or in person at a lawyer’s office

    Avoiding Hidden Costs

    Expensive updates Updating your will with a lawyer can cost more than $100 for each update, especially if the lawyer is creating an entirely new will instead of a codicil or an amendment.

    With Willful, you pay a one-time fee of $99 when you first make your will, and then you get free unlimited updates for life, saving you thousands in legal fees.
    Notarization As long as you complete your will according to the requirements of your province or territory, your will is valid. It doesn’t need to be notarized to be legal.

    But if you want to take the extra step to get a notarized Affidavit of Execution for your will, it can cost anywhere from $15 to $50.
    Unexpected executor fees According to sections 88 and 90 of BC’s Trustee Act, executors, administrators, guardians, or estate trustees are all allowed “fair and reasonable allowance.”

    For executors, this is limited to no more than 5% of the total value of the estate. So if your estate is valued at $100,000, your executor successfully performed all their duties, and they ask for compensation, they may receive a maximum of $5,000 compensation.

    If the management and settlement of the estate takes longer than a year, executors in BC can also request an annual care and management fee, which can be no more than 0.4% of the average market value of the assets being managed.

    Both executor fees and probate fees are paid out of the estate and can take away from assets you intended for your beneficiaries. To avoid this, you can plan ahead and set an allowance in your will for executor compensation.

    Learn more about an executor’s role and responsibilities →

    Making the Right Choice for Your Estate Planning Needs

    To review which options for estate planning are best for you and your situation, here are some important questions you can ask yourself. 

    Questions to consider before making a decision

    1. How complicated are my assets and finances?

    If you think your financial situation is too complex to handle alone, consulting a lawyer for your will might be necessary. But if your estate is straightforward, an online will platform or DIY kit may work perfectly.

    1. Do I have any unique family circumstances or specific wishes?

    For those with complex family situations, such as blended families, estranged relatives, or dependents needing Henson trusts, a lawyer's expertise could be helpful. On the other hand, a testamentary trust for beneficiaries reaching a certain age can be set up easily with a Willful will.

    1. What is my budget?

    A witnessed handwritten will is the most cost-effective option if you clearly understand your wishes and how to legally articulate them. For a bit more, you can use an online will platform like Willful, which offers better guidance and accessibility. If cost isn’t an issue, an estate lawyer can provide comprehensive estate planning advice and draft your will for you.

    1. How soon do I need my will?

    If you need your will urgently, a witnessed handwritten will might be the fastest solution because you can make one with only a pen and paper. Alternatively, you can complete your will with Willful in as little as 20 minutes or seek out a lawyer who can handle urgent cases.

    1. How much personal guidance and legal advice do I need?

    For the maximum level of legal advice, a lawyer is the best option. If you prefer legal information without specific, tailored advice, Willful offers step-by-step assistance and access to certified estate planning experts via phone, chat, or email.

    Get Your Will in BC With The Help of Willful

    With Willful, you can start your will for free from the comfort of your home. You’ll get access to an online will platform that offers personalized and comprehensive estate planning documents, and you’ll join a community of over 150,000 Canadians who have finally (and affordably) gotten their wills in place.

    When you make a Willful will, you pay $99 and get:

    • A legal will approved by lawyers in your province
    • Free unlimited updates to your will
    • Access to an estate planning certified support team
    • Free registration with the Canada Will Registry ($40 value)

    Creating a will is the important first step in your estate plan, and you’ve already started by looking at your options! 

    Take control of the future today by outlining your wishes and providing peace of mind for yourself and your loved ones. 

    The easiest way to create a legal will and POA documents in BC. Start yours for free →

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