Why a Will Matters
A will is one of the most important legal documents you can prepare. It ensures your assets are distributed according to your wishes, protects your loved ones from unnecessary stress, and helps avoid legal disputes after death. In British Columbia, wills are governed by the Wills, Estates and Succession Act (WESA), which provides clear rules on making, signing, and executing wills.
At Pax Law Corporation, our wills and estates lawyers — Mrs. Shona Thomas and Dr. Samin Mortazavi — have helped hundreds of individuals protect their families and preserve their wealth through personalized estate planning. We are proud to serve clients not only in English, but also in Farsi, Punjabi, Tamil, Malay, and Malaysian, ensuring accessible legal guidance for diverse communities.
Table of contents
Step 1: Assessing Your Needs
The first step in preparing a will is meeting with an estate planning lawyer. Your lawyer will:
- Assess your personal and financial situation.
- Confirm that you have the capacity to make a will (meaning you understand what a will is, the extent of your assets, and who your beneficiaries are)2024 07 03 LSLAP CHAPTER SIXTEE….
- Identify potential risks, such as family disputes or claims of undue influence.
Step 2: Choosing an Executor
The executor is the person (or institution) who will carry out your wishes. They are responsible for:
- Collecting your assets.
- Paying debts and taxes.
- Distributing the estate to your beneficiaries.
It is important to choose someone you trust, who is organized, and who is willing to take on this responsibility2024 07 03 LSLAP CHAPTER SIXTEE….
Step 3: Deciding on Beneficiaries
Beneficiaries are the individuals or organizations who will inherit your property. You may leave gifts of:
- Specific items (such as jewelry or family heirlooms).
- Sums of money.
- A percentage of your estate.
- The remainder (called the residue) of your estate2009 Wills, Estates and Success….
Step 4: Guardianship for Minor Children
If you have children under 19, your will should appoint a guardian. This ensures your children are cared for by someone you trust, rather than leaving the decision entirely to the courts2009 Wills, Estates and Success….
Step 5: Drafting the Will
Your lawyer will draft the will in clear, legally valid language. The will must meet BC’s legal requirements:
- The will-maker must be at least 16 years old.
- The will must be in writing.
- The will must be signed at the end by the will-maker.
- The signature must be witnessed by two people (who are not beneficiaries)2009 Wills, Estates and Success….
Recent changes in BC also recognize electronic wills, provided specific rules are followed2024 07 03 LSLAP CHAPTER SIXTEE….
Step 6: Executing the Will
Once drafted, the will is reviewed and signed in the presence of witnesses. Your lawyer will ensure:
- Proper witnessing and signatures.
- That no beneficiaries act as witnesses (to avoid invalidating their gifts).
- That a Notice of Will is filed with the Vital Statistics Agency, so your will can be located when needed2009 Wills, Estates and Success….
Step 7: Updating and Storing the Will
Life changes — such as marriage, divorce, children, or new assets — may require updates to your will. Your will should be reviewed every few years, or after major life events.
Your lawyer will also advise on secure storage, ensuring the will is accessible to your executor when needed2025 10 04 Wills PLTC.
How Pax Law Can Help
At Pax Law Corporation, we understand that estate planning can feel overwhelming. Our experienced lawyers:
- Guide you through each step of preparing a will.
- Ensure your documents comply with British Columbia’s Wills, Estates and Succession Act.
- Provide culturally sensitive and multilingual services.
By preparing a will with our team, you gain peace of mind knowing your legacy is protected.
Frequently Asked Questions
- Who can make a will in BC? Anyone aged 16 or older with mental capacity.
- Do I need a lawyer to make a will? While not legally required, a lawyer ensures the will is valid and reduces risks of disputes.
- What happens if I die without a will? Your estate is distributed according to WESA’s intestacy rules.
- Can I write my own will? Yes, but mistakes can make it invalid. Legal guidance is strongly recommended.
- What is an executor? The person you appoint to carry out your wishes and manage your estate.
- Can a beneficiary also be an executor? Yes, but they must still act fairly and in the estate’s best interest.
- Do wills need to be notarized in BC? No, but they must be properly signed and witnessed.
- What makes a will invalid? Lack of capacity, improper signing, undue influence, or fraud.
- Can I leave unequal shares to my children? Yes, but children and spouses may apply to vary the will if they are not adequately provided for.
- What is a Notice of Will? A filing with Vital Statistics BC that records where your will is stored.
- Can I make changes to my will? Yes, through a formal document called a codicil or by making a new will.
- Does marriage revoke a will? In BC, marriage does not automatically revoke a will.
- Does divorce affect my will? Yes, gifts to your former spouse are usually revoked.
- What assets are not controlled by a will? Jointly owned property, life insurance with a beneficiary, and RRSP/RRIF designations.
- Can I make an electronic will? Yes, BC law recognizes electronic wills under specific conditions.
- How often should I update my will? Every 3–5 years or after major life events (marriage, divorce, children, new property).
- Can I exclude someone from my will? Yes, but certain family members may challenge the will in court.
- How long does probate take in BC? Probate can take several months, depending on the complexity of the estate.
- What are probate fees? Fees payable to the court based on the value of the estate.
- Where should I store my will? In a secure but accessible location, such as with your lawyer or a safety deposit box.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create a solicitor-client relationship. For advice specific to your situation, please contact a qualified lawyer at Pax Law Corporation.
wills BC, estate planning BC, make a will British Columbia, probate BC, wills lawyer Vancouver, Pax Law wills, executor BC, intestacy BC, electronic will BC, WESA BC
Discover more from Pax Law Corporation
Subscribe to get the latest posts sent to your email.
0 Comments