Life planning · British Columbia
Last Will & Testament, with a lawyer behind it.
A will says who carries out your wishes and who gets your property when you die. It can also name a guardian for your young children.
- $149
- Tax at checkout.
- 30 minutes
- Stop and come back any time.
What a will is
A will is a written document that says what happens to your property after you die. In British Columbia, the Wills, Estates and Succession Act sets the rules for making one.
Your will names an executor, the person who carries out your will. The executor collects what you own, pays your debts and taxes, and hands out what is left. Your will says who gets what, such as your home, particular items, and the rest of your estate. It can also name a guardian for children under 19, and hold a young person's share in trust until they are older.
A will must be in writing and signed by you in front of two witnesses who are there at the same time. Each witness is 19 or older and signs too.
Why you'd need one
If you die without a will, British Columbia law decides who gets your property and who handles your estate. That may not match what you would have chosen. A will lets you choose.
A will is also where a parent can name a guardian for children under 19. It can set up a trust for a share that goes to someone under 19. Without a trust, a child's share can end up held by the Public Guardian and Trustee, a government office.
A will covers what you own in your own name. Some property passes outside a will, such as a home owned jointly with someone who takes it when you die, or an account with a named beneficiary.
When to see a lawyer instead
Some situations need more than a simple will. These include owning a business, owning property outside British Columbia or outside Canada, being separated, having children from an earlier relationship, or caring for a dependant with a disability.
British Columbia law lets a spouse or child ask a court to change a will that does not make adequate provision for them. If you plan to leave out a spouse or a child, talk to a lawyer first.
A gift to a witness, or to a witness's spouse, is void unless a court says otherwise. If you are unsure who can witness, a lawyer can help.