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BC-Specific

Will Preparation Under BC Law

In British Columbia, wills and estate documents are governed by the Wills, Estates and Succession Act (WESA), which came into force in 2014 and modernized estate law across the province. Every document prepared through Wills Made Easy is drafted in full compliance with WESA by a licensed BC legal professional.

BC uses a document called a Representation Agreement where other provinces use terms like “Healthcare Directive” or “Personal Directive.” BC's Representation Agreement Act provides two types: a Section 7 agreement for limited everyday decisions, and a Section 9 agreement — the standard for adults with full mental capacity — which grants broader authority over health care, personal care, and major medical decisions. Our appointments prepare the Section 9 form.

Under WESA, BC extended formal recognition to common-law spouses — defined as two people who have lived together in a marriage-like relationship for at least two years. A qualifying common-law spouse has the same inheritance rights as a married spouse under intestacy rules. If you are in such a relationship, it is important that your will explicitly addresses this — particularly if you have children from a previous relationship.

WESA also introduced BC's “curative provision” — a court power to validate a will that does not meet formal execution requirements if the court is satisfied it represents the testator's genuine intentions. While this provision exists as a safety net, it requires a court application. A professionally witnessed and executed will eliminates any need for it.

BC courts also have authority to vary a will under the Wills Variation provisions in WESA if a spouse or child was not adequately provided for. Proper drafting under professional guidance addresses these obligations and reduces the likelihood of a successful variation claim against your estate.