Create Your Legal Will in British Columbia
Create your legal will in British Columbia in under an hour.
More than half of British Columbians do not have an up-to-date will. If you are one of them, you are not alone. Most people put it off because lawyers are expensive and the process feels complicated. You may have searched for a will kit or wondered if the BC government provides one. Here is the truth: there is no official BC government will kit. If you are trying to figure out how to make a will in British Columbia, you have likely come across free templates online. But these are often generic, missing important clauses, and not written for BC law. Will-Kit.ca offers a better path. Our online will kit for BC walks you through simple questions about your situation, then generates a complete, legally valid will tailored to British Columbia requirements under the Wills, Estates and Succession Act. Will-Kit generates a PDF, you sign it with two witnesses, and you are done.
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What Is a Will?
How to Make a Legal Will in British Columbia
If you want to prepare a will in BC, you need to understand what makes a will legally valid. BC wills are governed by the Wills, Estates and Succession Act (WESA), which came into effect in 2014. The requirements are straightforward:
Age requirement: You must be 16 years or older. This is younger than most Canadian provinces. The only exception is members of the Canadian Armed Forces on active service, who can make a will at any age.
Written format: Your will must be in writing. This can be typed or electronic. Unlike some provinces, BC does not recognize holographic (handwritten, unwitnessed) wills. A typed will is generally preferred because it is easier to read and less likely to face challenges in court. BC is unique in Canada for allowing electronic wills and digital signatures.
Signature: You must sign your will at the end of the document. Your signature confirms that the document represents your wishes. Someone else can sign on your behalf if they do so in your presence and at your direction.
Witnesses: Two witnesses must be present at the same time when you sign. Both witnesses must watch you sign, and then both must sign the will themselves. Witnesses must be 19 or older (the age of majority in BC). In BC, witnesses can be present in the same room or observing via video conference.
Witness restrictions: If a beneficiary named in your will acts as a witness, their gift becomes void unless a court orders otherwise under WESA. Choose witnesses who have no interest in your estate. Neighbours, coworkers, or friends who are not named in your will are good choices.
You do not need a lawyer to make a legal will in BC. You do not need to register your will with any government office, although BC does offer an optional Wills Registry through the Vital Statistics Agency. As long as you meet these requirements, your will is legally binding.
One important note: WESA includes a curative provision (Section 58) that allows BC courts to validate a will that has technical defects, if there is clear evidence it reflects your true intentions. That said, following the proper requirements from the start avoids the cost and uncertainty of a court application.
Our BC will kit guides you through each requirement and provides clear signing instructions so you execute your will properly under British Columbia law.
BC’s Electronic Wills: What Bill 21 Means for You
British Columbia is the only province in Canada that recognizes electronic wills. On December 1, 2021, amendments to the Wills, Estates and Succession Act (known as Bill 21) came into effect, making BC a leader in modern estate planning. Bill 21 allows you to sign and store your will electronically and have it witnessed via video conference. This makes creating a legal will in BC more convenient than anywhere else in Canada. All unaltered electronic copies of your will are considered original documents for probate purposes. You can save your will on multiple devices or cloud storage, and your executor can use any of these copies. If you prefer a physical backup, you can print your electronic will, though the printout is treated like a photocopy and can only be used if no electronic originals exist. While electronic wills are valid in BC, most estate lawyers recommend saving your will as a PDF for the smoothest probate process. Will-Kit.ca generates PDF documents that meet all WESA electronic will requirements. You have the flexibility to sign digitally or print and sign with wet ink.
BC Probate Fees and Why They Matter
When someone dies in British Columbia, their executor typically needs to apply to the Supreme Court of BC for a Grant of Probate. This is the court’s confirmation that the will is valid and that the executor has authority to manage the estate.
BC probate fees are calculated as 0.6% of the estate value, plus a $6 filing fee. This applies to the total value of all assets that pass through the estate. For example, an estate worth $500,000 would pay probate fees of $3,006 ($500,000 x 0.6% + $6). An estate worth $1,000,000 would pay $6,006. These fees are significantly lower than Ontario, where probate fees can reach 1.5% of estate value.
Not all estates in BC require probate. Banks and financial institutions may release assets without probate if the amounts are small, typically under $25,000 to $50,000 depending on the institution. However, real estate almost always requires probate before it can be transferred or sold.
Having a properly prepared will makes the probate process faster and less expensive for your family. If you die without a will in BC, your family still faces probate costs plus the added expense and delay of the court appointing an estate administrator.
Why Choose an Online Will Kit for BC
When you decide to make a will in British Columbia, you have several options. Understanding the differences helps you make the right choice for your situation.
Hiring a Lawyer or Notary
A lawyer-drafted will in BC typically costs $500 to $1,500 for a simple will. Complex estates, blended families, or business assets can push costs higher. BC is unique in Canada because notaries public can also prepare wills, often at a lower cost than lawyers. Both options give you personalized advice, but you pay professional fees for it. Lawyers and notaries make sense for complicated situations: significant business holdings, potential family disputes, complex tax planning, or assets in multiple jurisdictions. For most British Columbians with straightforward estates, professional fees are more than you need.
Using Free Templates
Free will templates are available online, but they carry real risks. Most templates are generic documents not written specifically for BC law. They may be missing clauses that BC courts expect to see, like a proper residue clause that handles assets you forgot to list.
BC has specific rules that differ from other provinces. For example, holographic wills are not recognized here, and WESA treats common-law partners (two or more years in a marriage-like relationship) the same as married spouses for estate purposes. BC also allows electronic wills under Bill 21, a capability no other province offers. A generic template is unlikely to account for these distinctions.
Free templates give you no guidance. They assume you already know what an executor does, how guardianship works for minor children, or what happens if a beneficiary dies before you do. One mistake can mean expensive legal battles for your family.
Using an Online Will Kit
An online will kit for BC like Will-Kit.ca sits between these options. You get guided questions that ask about your specific situation and explain your choices in plain language. The system generates a complete will written for British Columbia law, with all the clauses BC courts expect under the Wills, Estates and Succession Act. You get a legal will in BC without lawyer or notary fees. You get guidance without the generic risks of free templates.
What Will-Kit Provides
- BC-specific content: Every clause is drafted for British Columbia law and the Wills, Estates and Succession Act (WESA)
- Guided questions: We ask about your family, assets, and wishes, explaining each option clearly
- Complete coverage: Executor appointment, alternate executor, guardians for minor children, beneficiaries, specific gifts, residue clause, and more
- Clear signing instructions: Step-by-step guidance so you execute your will correctly under BC requirements
- Electronic will compatible: Generated as PDF, ready for electronic or wet-ink signature under Bill 21
- Ongoing updates: When BC laws change, we update our templates
- Backed by 50+ years of legal publishing: Will-Kit.ca is built on Self-Counsel Press’s five decades of experience creating trusted legal resources for Canadians
What to Include in Your BC Will Kit
Executor appointment
Name the person who will manage your estate after you pass. Your executor pays debts, files taxes, and distributes assets according to your wishes. Choose someone you trust who is organized and responsible.
Alternate executor
Name a backup in case your first choice cannot serve. Life circumstances change. Having an alternate prevents delays and court appointments.
Guardianship for minor children
If you have children under 19, your will is where you name who should raise them if something happens to you. This is one of the most important reasons to make a will in BC. Without one, the court decides.
Beneficiaries
Specify who receives your assets and in what proportions. Be clear to avoid confusion. You can divide by percentages or by specific items. Under WESA, common-law partners who have lived together for two or more years have the same rights as married spouses, so consider all your relationships carefully.
Specific gifts
Leave particular items to particular people. Jewelry, vehicles, family heirlooms, art, or anything with sentimental value can be directed to the person you choose.
Alternate beneficiaries
Name backup beneficiaries in case your primary choice passes away before you do. Under WESA, a beneficiary must survive you by five days to inherit. Having alternates prevents your gift from falling into your general estate.
Digital assets
Address online accounts, cryptocurrencies, photos stored in the cloud, and other digital property. This is increasingly important as more of our lives exist online.
Residue clause
This catches everything not specifically mentioned in your will. It ensures nothing falls through the cracks and prevents intestacy for forgotten or future assets.
Funeral wishes
While not legally binding, expressing your preferences for burial, cremation, or memorial services gives your family guidance during a difficult time.
Get Started NowHow Our BC Will Kit Works
A lawyer-drafted will in BC typically costs $500 to $1,500 or more. Notary-prepared wills may cost less but still involve professional fees. Our online will kit costs a fraction of that price while producing an equally valid legal document under the Wills, Estates and Succession Act. Start Your BC Will Kit Today Takes under an hour. No legal knowledge required. Compatible with BC's electronic will provisions.
1. Answer Simple Questions
Our guided process asks about your family, your assets, and your wishes. Questions are written in plain English with explanations when you need them. We ask about your situation so we can generate a will that fits your life, not a one-size-fits-all template.
2. Review Your Will
Based on your answers, we generate your complete BC will. Review it to make sure everything looks right. You can make changes if needed. Take your time. This document matters.
3. Sign and Store
Gather two witnesses who are not beneficiaries and who are 19 or older. You can sign your will in front of witnesses in person or via video conference (BC is the only province that allows video witnessing). Store the original somewhere safe and fireproof, or save electronically on multiple devices. Tell your executor where to find it.
That is it. You now have a legally valid will under BC law.
When to Review Your Will
A will is not a document you write once and forget about. Life changes, and your will should reflect those changes. Review your will when you get married or enter a common-law relationship lasting two or more years (under WESA, common-law partners have the same estate rights as married spouses after two years of marriage-like cohabitation). Review it after a divorce or relationship breakdown, after the birth or adoption of a child, after a significant change in your assets such as buying or selling a home, if your executor or guardian can no longer serve, or if you move to another province (each province has different rules). You can update your will at any time through Will-Kit.ca. If the changes are minor, a codicil (a formal amendment) may be sufficient. For major changes, creating a new will is usually the better approach. BC’s electronic will provisions under Bill 21 make updating your will easier than ever. You can create and store an updated electronic will without printing anything if you prefer.
Power of Attorney vs Representation Agreement in BC
If you are making a will in BC, you should also think about what happens if you become unable to make decisions while you are still alive. British Columbia uses two separate documents to handle incapacity: an Enduring Power of Attorney and a Representation Agreement. These are different from your will.
An Enduring Power of Attorney lets you name someone (your attorney) to make decisions about your finances and property if you lose mental capacity. This includes paying bills, managing investments, selling assets, and handling your banking. The person you name is called your attorney, but they do not need to be a lawyer.
A Representation Agreement lets you name someone (your representative) to make decisions about your personal care and health care if you become incapable. This includes decisions about medical treatment, where you live, and day-to-day personal care. BC offers two types: a standard Representation Agreement (Section 7) for routine health and personal care decisions, and an enhanced Representation Agreement (Section 9) for more serious health care decisions including the refusal or withdrawal of life support.
Neither document is part of your will. They are separate legal documents. But they work together as part of your overall estate plan. Most estate lawyers recommend having all three in place: a will, an Enduring Power of Attorney, and at least a Section 7 Representation Agreement.
Pricing
A lawyer-drafted will in BC typically costs $500 to $1,500 or more. Notary-prepared wills may cost less but still involve professional fees. Our online will kit costs a fraction of that price while producing an equally valid legal document under the Wills, Estates and Succession Act. Start Your BC Will Kit Today Takes under an hour. No legal knowledge required. Compatible with BC's electronic will provisions.
Get Started NowFrequently Asked Questions
Find answers to common questions about making a will in British Columbia, including legal requirements under WESA, electronic wills, probate fees, and more.
Are online wills legal in BC?
Yes. BC law does not require a lawyer or notary to create a valid will. The Wills, Estates and Succession Act (WESA) sets out the requirements: your will must be in writing, signed by you, and witnessed by two people who are 19 or older and who are not beneficiaries. As long as you meet these requirements, your will is legally binding. Thousands of British Columbians use online will kits every year.
Do I need a lawyer or notary to make a will in BC?
No. You have the legal right to make your own will in British Columbia. Lawyers and notaries can be helpful for complex estates involving business assets, potential disputes, or multi-jurisdictional property. But most people with straightforward situations can create a valid will using an online will kit. BC is unique in that notaries can also prepare wills, but this is optional, not required.
How much does a will cost in BC?
Lawyer-drafted wills typically cost $500 to $1,500 for a simple will in BC. Notary-prepared wills may cost less but still involve professional fees. Online will kits like Will-Kit.ca cost significantly less while producing an equally valid legal document under the Wills, Estates and Succession Act.
Can I write my own will in BC?
Yes, but with an important distinction. Unlike Ontario and Alberta, BC does not recognize holographic (handwritten, unwitnessed) wills. Your will must be witnessed by two adults aged 19 or older. Will-Kit.ca produces a formal typed will that meets all WESA requirements, which is the most reliable format and least likely to be challenged in court. You can sign it electronically or in wet ink thanks to BC’s Bill 21 provisions.
What happens if I die without a will in BC?
If you die without a will (called dying intestate), BC law decides who gets your assets through the Wills, Estates and Succession Act. Your spouse receives a preferential share of $300,000 (or $150,000 if there are children from another relationship), with the remainder divided between your spouse and children. Common-law partners who lived together for two or more years are treated the same as married spouses. If you have no spouse or children, assets go to parents, then siblings, then more distant relatives. The court appoints an estate administrator to handle your affairs. This process is slower and more expensive than having a named executor. The outcome may not reflect what you would have wanted.
Who can witness my will in BC?
Any person aged 19 or older (the age of majority in BC) can witness your will. Witnesses should not be beneficiaries or the spouse of a beneficiary. If a beneficiary witnesses your will, their gift becomes void unless they obtain a court order under WESA. We recommend using neighbours, coworkers, or friends who are not named in your will. Both witnesses must be present at the same time when you sign, and both must sign after watching you sign. In BC, witnesses can observe via video conference.
Does my will need to be notarized in BC?
No. Unlike some other provinces, BC does not require an affidavit of execution or notarization for your will to be legally valid. You simply need to sign your will in the presence of two witnesses aged 19 or older who are not beneficiaries. The witnesses sign to confirm they watched you sign. That is all WESA requires. Notarization is not necessary and does not make your will more legal.
What is Bill 21 in BC?
Bill 21 refers to amendments to the Wills, Estates and Succession Act that came into effect on December 1, 2021. These amendments allow British Columbians to create, sign, witness, and store wills electronically. BC is the only province in Canada with this capability. You can sign your will with a digital signature, have it witnessed via video conference, and store it as a PDF on multiple devices. All unaltered electronic copies are considered original documents for probate purposes. This makes creating and updating your will more convenient than ever before.
Can I make an electronic will in BC?
Yes. British Columbia is the only province in Canada that recognizes electronic wills. Since December 1, 2021, you can create, sign, and store your will electronically under the provisions of Bill 21. Your will can be signed with a digital signature and witnessed via video conference. You can store your electronic will as a PDF on multiple devices or in cloud storage, and any of these copies can be used for probate. If you prefer a physical copy, you can also print your electronic will and sign it with wet ink. Will-Kit.ca generates PDF wills that are compatible with BC’s electronic will provisions.
When is probate required in BC?
Probate is the court process of confirming your will is valid and giving your executor authority to manage your estate. In BC, probate is typically required when your estate includes real estate or when banks and financial institutions request it before releasing assets. Many institutions will release assets without probate if the amounts are small, usually under $25,000 to $50,000 depending on the institution’s policies. Assets held in joint tenancy, assets with named beneficiaries (like RRSPs and life insurance), and assets held in trust generally pass outside your estate and do not require probate. Having a properly prepared will makes the probate process faster and less expensive when probate is required. BC probate fees are 0.6% of estate value plus a $6 filing fee.
What is the difference between a will and a power of attorney in BC?
A will takes effect after you die. It directs how your assets are distributed and who manages your estate. An Enduring Power of Attorney takes effect while you are alive but unable to make financial decisions for yourself. It names someone (your attorney) to manage your property and finances on your behalf. In BC, you also need a Representation Agreement to cover health care and personal care decisions if you become incapable. These are three separate documents, but they work together as part of your complete estate plan. Most estate lawyers recommend having all three in place.
Does marriage affect my will in BC?
Yes, but differently than some provinces. In BC, marriage does not automatically revoke your will. However, WESA does grant your spouse rights to challenge your will under Section 60 if you have not made adequate provision for them. Common-law partners who have lived together in a marriage-like relationship for two or more years have the same rights as married spouses under WESA. If you get married or enter a common-law relationship, you should review and update your will to ensure it reflects your current wishes and relationships.