Making a Will in British Columbia (Part 2) - FAQs

In the second part of the article, we address some of the most common questions about making a will in British Columbia. Whether you're considering your first will or looking to update an existing one, this guide will help you make informed decisions and ensure your wishes are properly documented.

What is a will?

A will is a legal document that specifies how your assets and property should be distributed after your death.

Who can make a will?

Anyone who is at least 16 years old and of sound mind can make a will.

Who can be an executor?

An executor should be a trustworthy and capable individual who is willing to administer your estate. They can be a family member, friend, or professional, such as a lawyer. Executors can also be beneficiaries of the will.

Who can witness a will?

Witnesses must be at least 19 years old and should not be executors, beneficiaries or the spouses of beneficiaries. This is to ensure that the witnesses do not have a vested interest in the will's provisions.

Should I include information about my assets, such as safety deposit boxes, bank accounts, or vehicles, in my Will?

Generally, no. A Will is meant to deal with your estate as a whole, rather than list every individual asset. Including specific details such as bank account numbers or vehicle information can make your Will outdated if your assets change over time. The main exception is when you wish to make specific gifts (for example, leaving a particular car or property to a named person).

What happens if I die without a will?

If you die without a will, your estate will be distributed according to the laws of intestacy in British Columbia, which may not reflect your wishes. You can refer to our article on estate administration without a will for further information.

What happens to my will if I get married?

If you get married after making a will, marriage does not affect the validity of a previously made will. It’s essential to update your will after significant life changes such as marriage to ensure it reflects your current wishes.

What happens to my will if I get divorced?

In British Columbia, a divorce does not automatically revoke a will. However, any gifts or appointments (e.g., executor) to a former spouse are generally considered revoked unless the will explicitly states otherwise. It’s advisable to update your will after a divorce to reflect your new circumstances and intentions.

Can I leave nothing to my spouse or one of my children?

In British Columbia, you are generally free to distribute your assets as you see fit. However, spouses and children have the right to contest the will if they believe they have not been adequately provided for. The court will consider various factors to determine if a fair provision has been made.

Can I name a charity as a beneficiary in my will?

Yes, you can leave part or all of your estate to a charity of your choice.

Is a handwritten will recognized in British Columbia?

A holographic will is a handwritten will. While some jurisdictions recognize holographic wills, they are not valid in British Columbia unless they meet all formal requirements of a regular will (e.g., witnessed by two individuals).

Can I change my will after I have made it?

Yes, you can change or revoke your will at any time, as long as you are of sound mind. Changes can be made by creating a new will or adding a codicil to your existing will. It might be more practical to draft a new will each time instead of adding multiple codicils. This helps maintain clarity and reduces the risk of conflicting instructions.

Do I need a lawyer to make a will?

While it is possible to create a will on your own, consulting a lawyer is highly recommended to ensure your will is legally valid and your wishes are articulated.

Where should I keep my will?

You should store your will in a safe place, such as a safety deposit box. Make sure your executor and trusted family members know where to find it.

What is a Will Notice?

A will notice is a notice filed with the Wills Registry, informing them that you have made a will and where it is stored. You are NOT required by law to file a will notice. The purpose is to ensure that after your death, your will can be located and administered according to your wishes. The current cost (2024) for the new wills notice is $17.00.

Conclusion

At Pinewood Law Corporation, we understand the importance of creating a will that reflects your wishes and protects your loved ones. Our experienced probates and wills team is here to guide you through every step of the will-making process, ensuring that your will is legally sound and comprehensive. Contact us today to schedule a consultation and take the first step towards peace of mind.