Meet Sarah. A hardworking business owner in Vancouver, she had always assumed that estate planning was something she could put off. “I don’t have much,” she thought. “Just my condo, a few investments, and my company.” But when a close friend passed away without a will, leaving their family tangled in a legal nightmare, Sarah realized the importance of getting her affairs in order.

If you’re like Sarah and haven’t made your will yet, you’re not alone. Many British Columbians delay estate planning, not realizing that without a will, the government—not you—decides who inherits your estate. That could mean unintended consequences for your loved ones, higher administration costs, and long delays.

What Happens If You Die Without a Will in BC?

In British Columbia, if you pass away without a will, your estate will be distributed in accordance with the intestacy rules as se out in the Wills, Estates and Succession Act (WESA). (I intend to address these rules in detail in a future blog post)

What Is a Will?

A will is a legal document that outlines how you want your assets distributed after your death. It also lets you:

• Name an executor (the person responsible for carrying out your wishes).
• Appoint a guardian for your minor children.
• Provide for loved ones, including common-law partners, blended families, and dependents with disabilities.
• Make specific gifts (e.g., your vintage guitar to your nephew, a donation to your favourite charity).

How to Make a Legally Valid Will in BC

To ensure your will is legally binding, it must meet BC’s requirements:

• You must be 16 years or older and have testamentary capacity (sound mind).
• Your will must be in writing.
• It must be signed by you in the presence of two adult witnesses, who must also sign.

If your will doesn’t meet these formalities, a court may still validate it under WESA’s curative provisions, but this process is costly and uncertain. The best way to ensure your will is valid is to have it prepared by an estate planning lawyer.

Multiple Wills: A Strategy to Minimize Probate Fees

Did you know you can have more than one will? Multiple wills are a common estate planning tool in BC, especially for business owners. Here’s how they work:

• One will covers assets subject to probate (e.g., personal bank accounts, real estate in your name alone).
• Another will covers assets that can bypass probate (e.g., company shares, assets held in a private corporation).

Why does this matter? Probate fees in BC are approximately 1.4% of your estate’s value, and assets covered by a secondary will can avoid these costs. For individuals with significant assets, multiple wills can result in substantial savings for beneficiaries.

Types of Wills: What Are Your Options?

1. Handwritten Wills (Holograph Wills): Not valid in BC unless a court order validates them.
2. Online Wills & DIY Kits: Inexpensive but risky—often don’t account for complex family or financial situations.
3. Lawyer-Drafted Wills: The safest option to ensure your wishes are carried out correctly and minimize legal risks.

Choosing the Right Executor

Your executor is responsible for managing your estate, paying off debts, and distributing assets according to your will. Consider someone who is:

• Organized and detail-oriented.
• Financially responsible.
• Willing to take on the role.
• A professional (lawyer, accountant, trust company) if your estate is complex.

Updating Your Will: When and Why?

A will isn’t a “set it and forget it” document. Review and update it when:

• You get married, separated, or divorced.
• You have children or grandchildren.
• You buy or sell significant assets.
• A named executor or beneficiary passes away.

Final Steps: Where to Store Your Will

Once your will is complete, keep it safe but accessible. Some options include:

• A fireproof safe at home (inform your executor where it’s stored).
• Your lawyer’s office (many offer will storage services).
• Registering a wills notice with the BC Vital Statistics Agency (this doesn’t store your will but records where it’s kept).

Electronic Will Signing in BC

Under recent amendments to WESA, BC now allows for the electronic signing and witnessing of wills. This means that wills can be signed digitally and witnessed remotely via video conferencing. This change modernizes estate planning and ensures accessibility, particularly for individuals who may have difficulty meeting in person. However, electronic wills must still meet certain legal requirements to be valid, and consulting an estate planning lawyer is recommended to avoid potential challenges.

The Best Time to Make Your Will? Right Now.

Sarah didn’t wait. She met with a lawyer, created a comprehensive estate plan, and now has peace of mind knowing her family won’t be left with uncertainty. If you haven’t made your will yet, don’t put it off any longer.

Need help? Contact Lawfellow Legal Services today and ensure your loved ones are protected.

*This is a fictional story and Sarah is not a real person – but this blog post is more engaging, isn’t it?