DIY Will Drafting in British Columbia: A Legal Take

You can create a valid DIY will in BC if you follow specific legal requirements: it must be written, signed by you, and witnessed by two non-beneficiaries. While this approach works for simple estates, complex situations involving businesses, blended families, or significant assets often benefit from professional guidance. Common mistakes include improper witnessing and unclear instructions, which could invalidate your intentions or create disputes among your beneficiaries. The following guide outlines essential steps to protect your legacy effectively.

Basic Legal Requirements for a Valid BC Will

While many people assume drafting a valid will in British Columbia requires a lawyer’s assistance, you can actually create your own legally binding document if you follow the province’s specific requirements.

Under BC’s Wills, Estates and Succession Act (WESA), your will must be in writing, signed by you on the last page, and witnessed by two people who are not beneficiaries or spouses of beneficiaries.

You must be at least 16 years old and mentally capable of understanding the nature and consequences of your will.

To create a valid will in BC, you must be at least 16 years old and have the mental capacity to understand what you are doing.

Unlike some provinces, BC does not recognize holographic wills (handwritten wills without witnesses). The document can be typed, handwritten, or electronic, but must meet all formal requirements.

Remember that while DIY wills are legal, they must still comply with these essential criteria to be considered valid by BC courts.

The Risks and Limitations of DIY Wills

Although DIY wills offer an affordable alternative to professional legal services, they come with significant risks that many British Columbians do not anticipate. Without legal expertise, you might inadvertently create ambiguities that lead to costly litigation among your beneficiaries after your death.

DIY wills often fail to address complex scenarios like blended families, business interests, or foreign assets. They may also miss opportunities for tax planning that could save your estate thousands.

Remember that WESA does not recognize holographic (entirely handwritten) wills in BC, unlike other provinces.

If your will contains technical errors in witnessing or execution, the court might declare it invalid, resulting in intestacy. While section 58 and 59 of WESA provide some remedy for defective wills, relying on this provision means additional legal expenses for your estate.

Step-by-Step Guide to Drafting Your Own Will

Despite the risks, many British Columbians choose to create their own wills, and you can draft a legally valid document by following specific steps.

First, gather information about your assets, debts, beneficiaries, and potential executors. Write your will clearly, identifying yourself and revoking previous wills. Name your executor and alternate, then specify the distribution of your assets to beneficiaries.

If you have minor children, appoint guardians.

When finalizing your document, sign it at the end in the presence of two witnesses who are not beneficiaries or spouses of beneficiaries. Your witnesses must also sign the document.

Store your will safely and register it with the BC Wills Registry. Remember, while a DIY will is legal, it is advisable to review it periodically, especially after major life changes.

Essential Clauses to Include in Your BC Will

A properly drafted will must contain several essential clauses to confirm your final wishes are legally enforceable in British Columbia. While you don’t need a lawyer to create a valid will, including specific components assures your intentions are carried out correctly after your passing.

Essential Clause	Purpose
Executor Appointment	Names who will administer your estate and distribute assets
Distribution Provisions	Specifies who receives your property and under what conditions
Guardian Designation	Appoints someone to care for minor children or dependents

Remember that your will must be in writing, signed by you on the last page, and witnessed by two people who are not beneficiaries or their spouses. Unlike some provinces, BC does not recognize holographic (handwritten, unwitnessed) wills, so proper execution is critical.

Witnessing Requirements and Common Mistakes

When witnessing a will in British Columbia, proper execution is crucial to confirm the document remains legally valid. Your will must be signed by two witnesses who are present simultaneously when you sign the document.

These witnesses cannot be beneficiaries or spouses of beneficiaries in your will.

Common mistakes include having only one witness, using beneficiaries as witnesses (which can invalidate their inheritance), or having witnesses sign at different times.

Another frequent error is failing to verify all parties can see each other signing the document.

Unlike some Canadian provinces, BC does not recognize holographic (handwritten, unwitnessed) wills, though courts may sometimes validate improperly witnessed wills under section 58 of WESA if clear evidence of testamentary intention exists.

Registering and Storing Your DIY Will

Once you have created your DIY will, properly registering and storing it becomes crucial to guarantee your executor can locate the document when needed.

Consider registering your will with the BC Wills Registry, which does not store the actual document but maintains information about its existence and location. You will need to file a Wills Notice containing essential details such as your name, birth date, and where the will is stored.

For storage, you have several options: keep it at home in a fireproof box, place it in a safety deposit box, leave it with your executor, or store it at a lawyer’s office.

Whatever you choose, make sure it is accessible to your executor while protected from theft or damage. Remember to update your Wills Notice if you change the storage location.

When Professional Help Might Be Necessary

While DIY will drafting works for many British Columbians with straightforward estates, some situations call for professional legal guidance.

Consider consulting a lawyer if you have substantial assets, own a business, hold property outside BC, or have a blended family.

Complex tax situations or the need to establish trusts for dependent beneficiaries also warrant professional assistance.

You will benefit from legal advice if you anticipate your will might be contested, wish to disinherit a spouse or child, or need to provide for a beneficiary with special needs.

Remember that mistakes in DIY wills can lead to costly court applications under sections 58 or 59 of WESA to validate your intentions, potentially depleting estate assets.

The investment in professional help now may save your beneficiaries significant stress and expense later.

Updates and Changes to Your Self-Drafted Will

Life changes regularly, so your will should change along with it. Major events like marriage, divorce, having children, or acquiring significant assets should prompt you to review your will.

In BC, you cannot simply cross out sections or write in changes on your existing will—this could invalidate the entire document.

To update your will legally, you have two options: create an entirely new will that revokes the previous one, or draft a codicil (a formal amendment).

When updating your will in BC, either create a new document that cancels the old one or add a formal amendment called a codicil.

Both require the same formalities as your original will—written form, your signature, and two witnesses who are not beneficiaries.

Remember to update your Wills Notice with the BC Wills Registry if your will’s location changes.

How Vest Estate Law Can Help

Although drafting your will independently is possible in British Columbia, seeking professional guidance can provide significant benefits and peace of mind.

At Vest Estate Law, our team of lawyers specializes exclusively in wills and estates law across BC and Alberta, giving us unique expertise in this complex legal area.

We can help guarantee your DIY will meets all legal requirements, avoiding potential complications that could invalidate your final wishes.

If you have already created a will, we can review it to identify any issues before they become problems. Should disputes arise, our experience in estate litigation becomes invaluable.

Working with Vest means partnering with professionals who understand the nuances of BC’s will legislation and can guide you through proper document execution, storage, and registration—ultimately protecting your legacy and your loved ones.

Frequently Asked Questions

Can a Non-Citizen Create a Legally Valid Will in BC?

Yes, you can create a legal will in BC as a non-citizen. You will need to follow the same requirements: written document, your signature, and two witnesses who are not beneficiaries or their spouses.

Are Digital Signatures Acceptable on BC Wills?

No, digital signatures are not acceptable on BC wills. You must physically sign your will in the presence of two witnesses who must also sign the document with physical signatures.

How Are Pets Handled in BC Wills?

You can include provisions for your pets in your BC will by naming a caregiver and leaving funds specifically for their care. Pets are legally considered property, not beneficiaries.

What Happens if One Witness Dies Before the Testator?

If one witness dies before you do, your will remains valid. The death of a witness does not invalidate your will as long as it was properly executed when originally signed.

Can I Include Funeral Instructions in My Will?

Yes, you can include funeral instructions in your will, though they are not legally binding. Your executor is not required to follow them, but most executors honour these wishes when possible.