British Columbia residents searching for will-writing guidance want answers that reflect BC’s actual legal requirements, not a generic Canadian overview. Writing a will in BC is governed by the Wills, Estates and Succession Act, commonly known as WESA, which sets out a clear process for creating a valid will. A significant share of the guidance available online comes from BC notaries, who naturally tend to steer readers toward their own paid services rather than explaining the DIY path with confidence. For most BC residents with a straightforward estate, writing a will does not require a lawyer or a notary. This guide covers exactly what WESA requires, step by step, in plain language.
Who Can Write a Will in BC?
To write a valid will in British Columbia, you need to meet two requirements under WESA.
Age. You must be at least 19 years old. This is worth noting specifically because it differs from Ontario and Alberta, where the minimum age is 18. Exceptions apply if you are or have been married, or if you are a member of the Canadian Armed Forces on active service.
Testamentary capacity. This means you are of sound mind when you make your will. In plain language, you understand what a will is, what property you own, who your family members are, and what you are signing. For most people, capacity is not a concern. It becomes relevant when illness, age, or medication may affect a person’s understanding at the time of signing.
If you meet both requirements, you can write a will in BC without involving a lawyer or notary.
What to Include in a BC Will
A complete BC will should address six key elements.
Executor. Your executor is the person responsible for carrying out the instructions in your will after you die. They locate your assets, pay debts and taxes, and distribute your estate to your beneficiaries. Choose someone you trust who is organized and reliable, and name at least one alternate in case your first choice is unable or unwilling to act.
Beneficiaries. Beneficiaries are the people or organizations who receive your assets. Use full legal names rather than nicknames, and name alternate beneficiaries in case a primary beneficiary dies before you do.
Specific gifts. If you want to leave particular items to particular people, name them explicitly. A vehicle, a piece of jewellery, a family heirloom. Vague language invites disagreement among the people you leave behind.
Residual estate. The residual clause covers everything not specifically named elsewhere in your will. Without one, unnamed assets may fall outside your will and be distributed under BC’s intestacy laws rather than according to your wishes.
Guardian for minor children. If you have children under 19, your will is where you name the person you want to raise them if both parents die. Without a named guardian, a court will make this decision without any input from you. For a complete guide to thinking through this decision, read our guide on choosing a guardian for your children.
Funeral and burial wishes. You can include instructions for your funeral, burial, or cremation. Your will may not be located until after arrangements have been made, so communicate your wishes to your executor directly as well.
How to Write a Will in British Columbia: Step by Step
Writing a will in British Columbia follows a clear process. Here are the steps from start to finish.
Step 1: Take stock of what you own.
List your assets, including your home, vehicle, bank accounts, investments, registered accounts such as RRSPs and TFSAs, personal property, and any business interests. Note any significant debts as well. This gives you a complete picture of your estate before you start making decisions about it.
Step 2: Decide who gets what.
Go through your asset list and decide who receives each item or category of assets. Think through what happens if a beneficiary dies before you do and name alternates for each.
Step 3: Choose your executor.
Pick someone you trust who is capable of handling financial and administrative tasks. Tell them you are naming them before you finalize the will so they are not surprised by the role later.
Step 4: Name a guardian if you have minor children.
Have this conversation with the person you intend to name before putting it in writing. Make sure they are willing and prepared to take on the responsibility.
Step 5: Write the will or use a will kit.
For most BC residents with a straightforward estate, an online will kit is the practical choice. WillKit guides you through every section in plain language and builds your document as you go. A lawyer or notary is worth the cost for more complex situations, such as blended families, business assets, trusts, or significant cross-provincial holdings.
Step 6: Sign in front of two witnesses.
Both witnesses must be present when you sign and must sign the will themselves in your presence and in each other’s presence. See the next section for the BC-specific rules on who can and cannot serve as a witness.
Step 7: Store it somewhere your executor can find it.
Tell your executor where your will is kept and review it at least once a year. Consider registering it with the Canada Will Registry so it can be located when needed.
British Columbia Will Signing and Witness Requirements
Getting the signing right is as important as getting the content right. A will that is not properly executed may not hold up.
Two adult witnesses. Both must be at least 19 years old and must be present when you sign. They must then sign the will themselves in your presence and in each other’s presence. All three of you must be in the same room at the same time.
Who cannot witness your BC will. Under WESA, a gift to a witness, or to the spouse of a witness, may be voided even if the rest of the will remains valid. Use neutral parties who have no financial interest in your estate. For a full breakdown of witness rules across Canada, read our guide on witness requirements in Canada.
Does a BC will need to be notarized? No. BC does not require a will to be notarized to be legally valid. Many BC notaries do prepare wills as a paid service, which is one reason so much online content about BC wills comes from notary websites, but notarization itself is not a legal requirement.
Affidavit of execution. Having your witnesses sign an affidavit of execution before a notary or commissioner of oaths is not required but can simplify the probate process considerably. It is a small step worth taking at the time of signing.
Electronic wills in BC. WESA recognizes electronic wills under specific conditions, including electronic signatures and remote witnessing via video conference, provided certain procedural requirements are met. This is one of the more progressive provisions among Canadian provinces.
BC’s Curative Provisions: A Safety Net, Not a Strategy
WESA includes a notable provision that sets BC apart from some other provinces. Under section 58 of WESA, a court has the authority to validate a will, or part of a will, that does not meet all the formal execution requirements, if the court is satisfied the document represents the deceased’s true intentions.
This means a will that was not properly witnessed, for example, may still be given legal effect if a court is convinced it genuinely reflects what the person wanted.
This provision is frequently mentioned in BC will content, sometimes inaccurately, as a reason not to worry too much about getting the formalities right. That is the wrong takeaway. Relying on a court application after your death is expensive, uncertain, and places a significant burden on your family during an already difficult time. Section 58 exists as a safety net for genuine mistakes, not a substitute for following the signing and witnessing requirements correctly the first time.
Probate in British Columbia
Probate is the legal process by which the BC Supreme Court certifies that your will is valid and confirms your executor’s authority to act on behalf of the estate.
Not every estate requires probate, but most do, particularly when real estate is involved or when financial institutions require formal confirmation of the executor’s authority before releasing assets.
BC probate fees. BC charges probate fees based on the value of the estate. As of recent rates, there is a basic filing fee plus approximately $6 per $1,000 on estate value between $25,000 and $50,000, and approximately $14 per $1,000 on estate value over $50,000. For an estate worth $500,000, total probate fees would be roughly $6,400, though exact amounts depend on current fee schedules.
What passes outside probate. Assets that transfer directly to a named beneficiary, such as RRSPs, TFSAs, and life insurance policies, do not go through probate. Jointly owned property with right of survivorship also passes outside the estate.
How Much Does a Will Cost in BC?
Using a notary or lawyer. BC notaries commonly prepare wills, typically charging between $300 and $800 for a basic will. Lawyers tend to charge more, often $500 to $1,500, particularly for more complex estates.
Using an online will kit. For most BC residents with a straightforward estate, an online will kit provides the same legal outcome at a fraction of the cost. WillKit offers a complete, legally valid BC will for $59, with plain-language guidance through every section and free updates whenever your circumstances change. For a full comparison of your options, read our guide on the cost of a will in Canada.
For most people, the decision is straightforward: a lawyer or notary for complex situations, a will kit for everything else.
Writing a Will in BC Is More Accessible Than Most Online Guidance Suggests
For most BC residents, the hardest part of writing a will is not the paperwork. It is making the decisions: who gets what, who is in charge, and who raises your children if something happens. Once those decisions are made, the process itself takes about 20 minutes.
WillKit guides you through every section in plain language, builds your BC will as you go, and ensures it meets the requirements of WESA. A complete will costs $59. No lawyer or notary needed, no appointment required, and you can update it any time your circumstances change.
Start your BC will at will-kit.ca
This article provides general information only and does not constitute legal advice. BC estate laws may change over time. If your estate is complex or you have specific legal questions, consult a qualified estate lawyer or notary licensed in British Columbia.
Sources:
BC Wills, Estates and Succession Act (gov.bc.ca) – Age, capacity, witness requirements, curative provisions, electronic wills
BC Probate fee schedule (gov.bc.ca) – Probate fee structure
Canada.ca — Wills and estate planning – General framework, authoritative citation
