Thinking about your last days might not be very fun, but it’s important for all residents of British Columbia to have a will in place. A will allows you to decide what happens to your property and possessions after you pass away. It also gives you a chance to name guardians to care for your children and pets.
Not sure where to start? We’ve got you covered with everything you need to know to start writing your will in BC.
Key Takeaways
- The four main types of wills are handwritten, paper will kits, online wills, and attorney-drafted wills.
- Start by choosing an executor to administer your will.
- Name your beneficiaries and guardians for your children or pets.
- Sign your will in the presence of witnesses to ensure it’s valid.
- Store your will in a secure location.
How to write a will in BC
Writing a will is the perfect place to start when you’re ready to start planning your estate in BC. An estate plan includes everything from your living will (what you’d want to happen if you were seriously ill or otherwise incapacitated) to a list of everything you own.
But a will is a lot simpler than that – it spells out who you want to receive your property, possessions, and accounts (together known as your 'estate') after you die. Here’s what to include in your will:
Choose an executor
An executor is the person who’ll be responsible for overseeing the distribution of your estate after you pass away. Make sure to choose someone responsible, since they’ll need to handle paperwork, communicate with banks and insurance companies, and meet legal deadlines.
Acting as executor can also be time-consuming, especially if there are any challenges to your will. Be sure to ask the person if they’re willing to take on this role before you name them in your will.
If you’re not sure who to ask, consider hiring a professional trust company to act as executor on your behalf.
Specify what you’ll leave to your beneficiaries
The bulk of your will should contain information about how you want to divide up your possessions.
People you name in your will are known as beneficiaries. Your beneficiaries can be family, friends, or even charitable organizations – that part is completely up to you.
Also list what you’d like each beneficiary to receive. If you have specific items in mind for certain people, be sure to make that clear. You can also write down what percentage of your total estate you’d like each beneficiary to get after the sale of your assets.
Name guardians for any minor children or pets
If you’re a parent of minor children or you have beloved family pets, it’s a good idea to name who you’d want to be responsible for their care if you died. Choose someone you trust – and check with them ahead of time to make sure they’d be comfortable accepting this responsibility.
Even if you’re married, it’s a good idea to name guardians, just in case you and your spouse unexpectedly pass away at the same time.
Sign your will
In BC, all wills must be signed in the presence of 2 witnesses in order to be considered valid – even handwritten wills, which some provinces recognize without witness signatures.
Your witnesses cannot be beneficiaries in your will - or the spouses of your beneficiaries. Also, you and both witnesses must all sign your will on the bottom of the last page.
After you sign your will, keep it in a secure place, like a fireproof safe or a safety deposit box. Review it every 2–3 years and update it after any major changes happen in your life, like getting married or divorced, having a child, or buying property.
4 types of wills and how much they cost
When you’re writing your will, you’ll need to decide how you want to prepare it. The four main types of wills that you can write in BC are:
- Holographic/Handwritten (Cost – Free): A handwritten will is considered valid in BC as long as it’s in your own handwriting and you sign and date it alongside two witnesses.
- Paper will kits (Cost – $25 to $50): It’s easy to fill out these pre-printed templates with information about your beneficiaries and what you want to leave them.
- Online will kits (Cost – $50 to $200): With an online will kit, you answer questions about your situation, and the platform automatically generates your will based on your responses.
- Attorney-drafted (Cost – $300 and up): You can hire an estate attorney to handle your will for you. They’ll provide personalized advice and can handle estates of any size.
Which type of will should I use in BC?
In general, we recommend either using an online will kit or hiring an attorney to write your will.
Handwritten wills are free, but if the language isn’t perfectly clear, it can lead to your will being contested. That means your intended beneficiaries could miss out. And paper will kits are convenient, but they’re not very customizable, and you have to buy a new kit every time you want to update your will.
Hiring an attorney is the most expensive option, but if you have a complex estate – like you own a business or you want to include a lot of contingencies in your will – an estate lawyer is the safest option. A good estate attorney will also give you tax advice on how to minimize estate fees after you pass.
Online will kits are a good middle-ground option for most people. Most are created under the supervision of a team of estate lawyers, so there’s some legal oversight over the process, but it’s cheaper than hiring an attorney. And online will kits can be easily updated at any time.
If you’re looking for a good online will kit, we suggest Epilogue Wills. This affordable online will service allows you to easily customize your will to suit your needs. And because it was designed by estate lawyers, you can feel confident that your will is legally sound.
FAQ
Can I write my own will in BC?
Yes, you can legally write your own will in BC. However, it’s a good idea to use a will kit that was developed with the help of estate attorneys to ensure your will is legally valid.
Are handwritten wills valid in BC?
Yes, handwritten wills are considered valid in BC, as long as they’re written in your own handwriting and signed at the bottom by you and two independent witnesses.
Do wills in BC need to be registered?
No, you don’t have to register your will for it to be considered valid in BC. However, registering your will can make it easier for your executor to find it when the time comes.
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