How to Write a Will in British Columbia 2026

British Columbia has some of the most modern succession legislation in Canada, having comprehensively reformed its wills and estates law through the Wills, Estates and Succession Act (WESA), which came into force on March 31, 2014. BC also became one of the first Canadian provinces to allow electronic wills, demonstrating a progressive approach to estate planning.

With Metro Vancouver home prices among the highest in North America, and significant wealth concentrated in BC's real estate market, proper estate planning is especially critical for BC residents. This guide covers everything you need to create a valid will under WESA and understand BC's specific succession law provisions.

British Columbia's WESA: The Foundation of BC Wills

The Wills, Estates and Succession Act, S.B.C. 2009, c. 13 is BC's comprehensive succession statute, replacing the Wills Act, the Estate Administration Act, the Probate Recognition Act, and the Survivorship and Presumption of Death Act. Key features of WESA include:

• Codified requirement for two witnesses for formal wills
• Holographic (handwritten) will validity without witnesses
• Court power to cure defective wills under section 58
• Court power to rectify wills under section 59
• Expanded common-law spouse rights (2+ year cohabitation)
• 2022 amendment allowing electronic wills

Formal WESA Will Requirements

Under WESA section 37, a will is valid in BC if it:

1. Is in writing
2. Is signed at the end by the testator, or by another person in the testator's presence and by their direction
3. Has two or more witnesses who are present when the testator signs and who sign the will in the presence of the testator

BC WESA has an important provision (section 43) that invalidates any gift or appointment (including as executor) to a witness or their spouse. Unlike Ontario, BC explicitly voids such gifts in statute.

BC's Innovative "Curing" Power: Section 58

One of WESA's most significant innovations is section 58, which gives BC courts the power to order that a document, or writing, that was not made in accordance with the WESA requirements is fully effective as if it had been made as a will. The court must be satisfied that the document represents the testator's testamentary intentions.

This has allowed BC courts to validate defective wills including: unsigned documents, single-witness wills, video recordings, and even handwritten notes not meeting holographic will requirements. While this provides a safety net, it also requires expensive court proceedings. Don't rely on it — do the will properly the first time.

Electronic Wills in BC

BC's 2022 amendment to WESA makes it one of the most progressive provinces for electronic estate planning. Under the amendment:

• A will can be made, signed, and witnessed electronically
• Electronic signatures are permitted
• Witnesses can observe via audio-visual communication technology (video conferencing)
• The will must be stored electronically in a form that can be converted to a physical document

This does not mean you can simply type a will in an email and call it done — the formal requirements (two witnesses, electronic signatures) still apply, just in electronic form.

BC Probate Fees

BC's probate grant fees (under the Probate Fee Act) are:

• $0 on estates up to $25,000
• $6 per $1,000 on value between $25,000 and $50,000 ($150 total in this range)
• $14 per $1,000 (1.4%) on amounts over $50,000

Calculations:

• $500,000 estate: ($500,000 - $50,000) × $14/$1,000 + $150 = $6,450
• $1,000,000 estate: ($1,000,000 - $50,000) × $14/$1,000 + $150 = $13,450
• $2,000,000 estate: ($2,000,000 - $50,000) × $14/$1,000 + $150 = $27,450

BC Probate Avoidance Strategies

Similar to Ontario, BC offers several strategies to reduce probate fees:

Joint tenancy

Real property held as joint tenants automatically passes to the surviving joint owner, avoiding probate. However, BC's Fraudulent Conveyance Act can apply if adding a joint tenant was done to defeat creditors.

RRSP/TFSA designations

In BC, as in other provinces, naming beneficiaries on registered accounts passes them outside the estate and probate.

Bare trustee designations

BC allows "wills notice" registration with the Vital Statistics Agency, and some practitioners use bare trust structures for real property, though this requires careful legal advice.

Common-Law Spouses Under WESA

BC's WESA significantly expanded common-law partner rights. Under WESA, a "spouse" includes any person who:

• Is married to the deceased, OR
• Has lived with the deceased in a marriage-like relationship for at least 2 years immediately before death

This means common-law partners of 2+ years have the same intestacy rights as married spouses in BC — a significant difference from provinces like Ontario where common-law partners have more limited intestacy rights.

Wills Variation in BC: The Right to Contest

BC's WESA maintains the province's longstanding tradition of allowing certain family members to contest a will that fails to make adequate provision for them. Under section 60 (formerly the Wills Variation Act), a surviving spouse or child of the testator may apply to court for variation of the will if it does not make adequate provision for their proper maintenance and support.

This is a broader right than exists in most other provinces. BC courts have varied wills to provide for adult independent children, not just minors. This makes it particularly important for BC residents with complex family situations to plan carefully and consider the risk of a section 60 application when structuring their will.

Frequently Asked Questions