Whether you need a will in Vancouver, a will in Victoria, or a will in Kelowna, British Columbia's estate planning legislation — the Wills, Estates and Succession Act (WESA) — is one of the most modern in Canada. It came into force in 2014, replacing three separate outdated statutes with a single, unified framework. If you're making a will in BC, the rules are clear, the process is straightforward, and — with the right preparation — you can have everything done in a single appointment.
Here's what you need to know.
Who Can Make a Will in British Columbia?
Under WESA, you can make a legally valid will in BC if you are:
- 19 years of age or older (the age of majority in BC), or
- 16 or older and legally married, or
- A member of the Canadian Armed Forces on active service (some exceptions apply)
You must also have testamentary capacity — meaning you understand what you own, who your natural heirs are, what a will does, and that you're making one. If there's any question about capacity, a licensed legal professional will assess it during your appointment.
What Makes a Will Legal in BC?
A valid will in British Columbia must meet all of the following requirements:
- Be in writing
- Be signed by the will-maker (or by someone else at the will-maker's direction and in their presence)
- Be witnessed by two adults who are present at the same time when the will-maker signs
Witnesses cannot be beneficiaries under the will, and they cannot be the spouse or adult child of a beneficiary. If a witness is also a beneficiary, the gift to that person is void — but the rest of the will remains valid.
One important distinction: unlike Alberta, holograph wills — entirely handwritten, unwitnessed wills — are not valid in BC. You must have two witnesses. A handwritten will that was witnessed by only one person, or not witnessed at all, does not meet BC's requirements and will not be enforceable.
What Happens If You Die Without a Will in BC?
If you die intestate (without a will) in British Columbia, your estate is distributed according to WESA's intestacy provisions — not your wishes. The formula looks like this:
- Spouse only, no children: Your spouse inherits the entire estate.
- Spouse and children (all from current spouse): Your spouse receives the first $300,000 (the "preferential share") plus one-half of the remainder. Your children split the other half.
- Spouse and children from a previous relationship: Your spouse receives the first $150,000 plus one-half of the remainder. Your children split the other half. This can leave a surviving spouse significantly short.
- No spouse, children only: Children split the estate equally.
- No spouse, no children: Estate passes to parents, then siblings, then more distant relatives in order.
These formulas follow the law, not your intentions. A will is the only way to ensure your estate goes where you want it to go.
Your Partner's Rights in BC — This Province Does It Differently
BC is one of the few provinces where common-law partners have automatic intestacy rights. Under WESA, a "spouse" includes a person you have lived with in a marriage-like relationship for at least two years.
This means a partner of 2+ years has the same intestacy rights as a legally married spouse in BC — a significant difference from Ontario, where common-law partners receive nothing without a will regardless of the length of the relationship.
But don't read too much into this protection. Living together for fewer than two years leaves your partner with nothing. And even if you qualify, intestacy still distributes your estate by formula — which may not reflect what you actually want. A will is still the only way to be certain your partner is protected the way you intend.
BC's Unique Safety Net: The Substantial Compliance Doctrine
WESA introduced something most Canadian provinces don't have: a substantial compliance provision. Under Section 58, a court can declare a document to be a valid will even if it doesn't fully meet the technical witnessing requirements — as long as the court is satisfied the document represents the deceased person's testamentary intentions.
This doesn't mean informal documents are safe. Courts apply this provision sparingly, and the litigation required to use it is expensive and uncertain. It's a safety net, not a planning strategy. But it does mean that a will with a minor technical defect isn't automatically void in BC the way it might be in a stricter province.
Representation Agreements: BC's Version of a Healthcare Directive
In Alberta, the equivalent document is called a Personal Directive. In BC, it's called a Representation Agreement.
A Representation Agreement authorizes a person you choose — your "representative" — to make healthcare and personal care decisions on your behalf if you become incapable of making them yourself. There are two types:
- Section 7 Representation Agreement: Covers routine personal care, minor healthcare decisions, and day-to-day financial matters. Can be made by anyone who demonstrates an ability to understand what they're signing — even without strict legal capacity.
- Section 9 Representation Agreement: Covers major healthcare decisions, including life support, surgery, and end-of-life care. Requires full legal capacity and two witnesses.
Most people preparing an estate plan need a Section 9 agreement — the one that covers serious medical decisions. Without one, healthcare providers follow a default priority list set by the Health Care (Consent) and Care Facility (Admission) Act that may not include the person you'd actually want making those calls.
Enduring Power of Attorney in BC
An Enduring Power of Attorney (EPA) authorizes someone to manage your financial and legal affairs if you become incapacitated. In BC, it must be signed in front of a witness who is not your spouse, a child under 19, or an employee of a care facility where you live.
Without an EPA, your family may need to apply to court for a committeeship order to access your bank account or pay your bills while you're incapacitated. That process can take months and cost thousands of dollars in legal fees — for what should be a simple administrative function.
An EPA takes about 10 minutes to prepare. The cost of not having one can be enormous.
The Three Documents Every BC Resident Needs
A complete estate plan in British Columbia covers three scenarios:
- A legal will — who gets what, who manages your estate, and who raises your children if something happens to you
- An Enduring Power of Attorney — who manages your finances and legal matters if you're incapacitated but still alive
- A Representation Agreement (Section 9) — who makes your healthcare and end-of-life decisions if you can't make them yourself
These three documents work as a system. A will alone leaves significant gaps — it only applies after death, not during incapacity. All three together mean someone you trust is authorized to act for you in every scenario.
Getting It Done in British Columbia
Wills Made Easy is expanding across British Columbia. When available in your city, a licensed legal professional prepares and executes all three documents — will, Enduring Power of Attorney, and Representation Agreement — in a single one-hour appointment at a flat rate: $395 for an individual, $495 for a couple.
No hourly billing. No retainers. No surprises. Join the waitlist for your city and we'll notify you the moment appointments are available.