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A will is one of the most important documents you can have, yet many British Columbians have yet to check this off their to-do list. A study commissioned by Willful showed that 58% of British Columbians have not created a will, with that number growing to 90% for millennials.
Fortunately, getting a will in BC is much easier than you might think! In this article, we’ll cover the basics about what makes a will legal, plus answer all your burning questions around making a will in BC.
What Is A Last Will and Testament in BC?
First things first! What exactly is a will?
Your last will and testament is a legal document that outlines your wishes in the event of your death. In your will, you can make a plan to distribute your estate (including any assets you own, such as property, money, and other items). You’ll also name an executor in charge of managing and distributing your estate, and a guardian for any minor children you have. You can also outline any funeral and burial wishes.
You can think about your will like a blueprint for your family and loved-ones. It helps guide them through your wishes after you pass away.
What Makes A Will Legal In British Columbia?
You are not required to visit a lawyer to make a legal will in BC. However, there are some requirements that you do need to meet in to make it a legally binding document.
These are the general requirements for a legal will in British Columbia:
You must be of sound mind and over the age of 16 in BC (wills created by someone under the age of 16 will not be considered valid).
The will must be made by you - the testator or will-maker.
You must sign your will in the presence of two valid witnesses – either in the same room or observing via video.
Your witnesses must also sign the last page of your will after you.
Your will can be either signed in wet ink and stored as a physical copy or stored digital with electronic signatures.
Prior to December 1, 2021, a will was only considered valid in BC if was printed on paper, signed with ink and with your witnesses physically present in the same room. Now, thanks to the passage of Bill 21, British Columbia is the first province to allow its residents to sign and store their wills electronically and have them witnessed via video.
Fun Fact: Moments after Bill 21 came into effect, Willful executed the first fully digital will in Canadian history!
How To Make A Will in British Columbia
Despite what many people believe, you do not need to visit a lawyer or notary to make a legal will in BC. There are several ways you can make a legal will, depending on what fits your unique life situation. Here are some common ways to make a will in BC:
Online Wills In BC
Online will platforms, like Willful, make it easy for BC residents to make a legal will without the fuss and expense of visiting a lawyer or notary.
Online wills are easy to make, affordable, and just as legally binding as one you sign with a pen at a lawyer’s office. While they’re a great option for people of all ages, online wills are not well suited to those with complex estates (like having property in multiple countries).
In the past, you could create your will online but had to print it off and sign it for it to be a legally valid. Now, thanks to Bill 21, you can create and sign your will fully online with a platform like Willful.
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Will Kits In BC
When referring to will kits, people are generally referring to fill-in-the-blank templates that help you create your will. You can often find a will kit in BC at your local office supply store and they are relatively low cost. However, will kits are generally only a good fit for those with extremely simple estates with no additional wishes. They are designed to be one-size-fits-all and may not cover everything you may want to include in your will. Plus, you have to remake it every time you want to update your will!
If you have a complex estate or want more customization options, consider other options such as an online will platform or visiting a lawyer. While will kits may seem affordable, you will likely need to purchase a new kit every time you wish to update your will.
At Willful we recommend you review your will at least once every 6-12 months or when you have significant changes in your life such as getting married, having a child or buying a house. Over time, the costs for those changes can add up quickly!
Lawyer-Drafted Wills
It’s not required to include a lawyer to create a legal will in BC; however, many individuals may benefit from legal advice from a lawyer. You may consider visiting a lawyer if you want to include custom clauses in your will or have a complex estate. A lawyer is also able to offer individualized legal advice.
With that in mind, a lawyer-drafted will is one of the most expensive options. The costs can vary depending on the individual lawyer and the amount of time required to complete your estate.
Holographic Wills In BC
Holographic wills are not valid in British Columbia. A holographic will is a handwritten will that is created without the help of any mechanical devices. They typically do not require witnesses in provinces that recognize holographic wills.
If you hand write your will in BC, you should ensure that you’ve followed the process for getting it witnessed correctly to ensure that it is legally binding, which includes having two valid witnesses.
How Much Does It Cost To Make A Will In BC?
The cost of a will in BC depends on the complexity of your estate! If you make a simple will, it can cost, on average, anywhere from $0-$821. For most people with a simple estate and wishes, you can make a simple legal will for as low as $99 online with Willful and get free unlimited updates for it.
If you require legal advice, visiting a lawyer to make a will can cost over $1000, depending on how complex your wishes are. You may also incur additional costs every time you make an update to your will.
You can often spot will kits at your local office supply store or bookstore. While will kits are relatively low cost, they are generally only a good fit for those with very simple estates. They are designed to be one-size-fits-all and may not fit your unique life situation.
Can I Write My Own Will in BC?
Long-story short, yes! In BC, it is legal to write your own will, provided that you’ve met all the criteria for a legal will. What makes your will legally-binding is not how you made it, but rather that you have it properly signed and witnessed. This means you can confidently create your will with an online platform without having to visit a lawyer.
As long as you’ve met all the requirements, which we’ve outlined earlier in the article, you have a valid will!
As new parents, we had been needing to write our wills and this tool allowed us to do just that, effortlessly, from the comfort of our own home.
Other Common Questions About Making Wills In BC
What Happens When You Die Without A Will in BC?
If you die without a will in British Columbia, you’re considered to have died intestate. If you die intestate, the courts will use provincial laws to decide how to distribute your assets, in addition to appointing an executor, and guardians for any minor children. Unfortunately, this often isn’t what you would have chosen.
It’s also important to remember that there are more than financial repercussions to passing away without a will. It can result in additional burden and stress for your loved-ones, leaving them to guess your final wishes when wrapping up your estate. Not only can it be costly, it’s also time consuming and can cause delays.
In BC, the Wills, Estates and Succession Act determines how your estate is distributed if you don’t have a will. This is typically the order of distribution:
- If you have a spouse but no children, 100% of your estate goes to your spouse.
- If you have a spouse and a child who also belongs to that spouse, your spouse gets the first $300,000. The remainder is divided equally between the spouse and children.
- If you have a spouse and children and those children do not belong to your spouse, your spouse gets the first $150,000. The remainder is divided equally between the spouse and children.
- If you have no children or spouse, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
- If you don’t have surviving parents, your siblings will get your estate. If they’re not surviving either, their children (your nieces and nephews) get their share.
Keep in mind that other loved-ones and common law spouses are not always accounted for in the provincial rules and may be left vulnerable if you die without a will. If you have any wishes that include these individuals, it’s even more important that you prioritize making a will and estate plan.
Does A Will Need To Be Notarized In BC?
No, a will does not need to be notarized in BC for it to be legal.
In some provinces, if your estate needs to go through the probate process, you will need an affidavit of execution. Your affidavit of execution needs to be notarized. However, an affidavit of execution is NOT required in British Columbia
Read More: Does my will need to be notarized?
What Is The Difference Between A Will And A Power Of Attorney In BC?
A will outlines your wishes for you after you pass away while a power of attorney gives someone the authority to act on your behalf if you become incapacitated and unable to make those decisions for yourself.
In British Columbia, there are two types of power of attorney documents — enduring power of attorney and representation agreements.
Your enduring power of attorney designates someone to make decisions related to your property and finances (such as paying bills and selling assets). The representation agreement, on the other hand, appoints a representative to handle future decision making about your personal care (including healthcare, nutrition and shelter).
Want to know if you should get power of attorney documents too? Take the quiz below!
When Is Probate Required In BC?
Probate is the process of the courts formally accepting your will. Not all estates in British Columbia need to go through probate. Whether or not your estate needs probate usually depends on whether or not its required by your bank and financial institutions. They may require a grant of probate before releasing any assets.
In BC, there are no probate fees if your estate is under $25,000. Then there is a flat fee for estates larger than $25,000.
Get Started Today With Your Online Will in BC
A will is one of the most important parts of your estate plan. If you’re ready to protect your family’s future by creating a will, Willful can help. We’ve partnered with top estate lawyers in BC so you can feel confident knowing your will reflects your specific wishes.
The benefits of using an online platform like Willful include:
- Create a customized, fully legal will that is based on your unique life situation
- Make your will in less than 20 minutes, from the comfort of your home.
- Create legal documents like your legal enduring power of attorney and representation agreements all in one place.
- Logic-based platform that guides you every step of the way
- Expert support by phone, email, or chat
- Easy updates to your will as your life changes
- No surprise fees!
