Live in British Columbia
Making a legal will in British Columbia
Wills in British Columbia are governed by the Wills, Estates and Succession Act — and it disagrees with the other provinces on things that matter. Here is the whole picture: what makes a will valid here, what happens without one, what probate costs, and how to sign so it sticks.
Figures below reviewed 4 August 2026 against the sources cited at the foot of this page. General information, not legal advice.
The short version
- You must generally be 16 or older to make a will in British Columbia.
- You need 2 witnesses aged 19+who are not beneficiaries.
- Handwritten wills are not valid here. Electronic wills are recognised.
- Without a will: your spouse receives your household furnishings plus a preferential share: $300,000 if all of your descendants are also your spouse's, or $150,000 if any of them are not.
- Probate fees: on a $600,000 estate, roughly $8,050.
What makes a will valid in British Columbia
Under the Wills, Estates and Succession Act (SBC 2009, c 13), a valid formal will must be:
- In writing. A recording or a video is not a will.
- Made by someone 16 or older with the mental capacity to understand what they are signing. British Columbia has the lowest will-making age in Canada. You can make a valid will at 16, even though the age of majority is 19.
- Signed by you at its end.
- Witnessed by 2 people aged 19 or older, both present when you sign, who then sign in your presence.A gift left to a witness — or generally to a witness's spouse — is void, though the rest of the will stands.
Handwritten (holograph) wills
Handwritten wills without witnesses are not valid in British Columbia. A BC will must be in writing, signed by you, and signed by two witnesses in your presence. Courts do have a limited power under WESA section 58 to cure a defective document, but relying on that means litigation.
Electronic wills and remote witnessing
Since December 1, 2021, British Columbia has recognised fully electronic wills — created, signed and witnessed in electronic form and electronic presence. BC was the first province in Canada to allow this.
Marriage, separation and your will
Marriage does not revoke a will in British Columbia. Ending a marriage or a marriage-like relationship generally revokes gifts and appointments in favour of that former spouse.
If you die without a will in British Columbia
Your spouse receives your household furnishings plus a preferential share: $300,000 if all of your descendants are also your spouse's, or $150,000 if any of them are not.
After the household furnishings and the preferential share, the rest of the estate is divided half to your spouse and half among your descendants.
Common-law partners
British Columbia is unusually generous here. A partner who has lived with you in a marriage-like relationship for at least two years counts as a spouse under WESA and inherits on intestacy exactly as a married spouse would.
Beyond who inherits: nobody has authority to touch your accounts until a court appoints an administrator, money left to minor children is paid into court until the age of majority (19 here), and nothing goes to anyone outside your family tree — no friends, no stepchildren you did not adopt, no charities.The full intestacy picture.
Probate fees in British Columbia
When your executor applies to the court to confirm the will and their authority, British Columbia charges. The schedule, under the Probate Fee Act, SBC 1999, c 4, s 2:
| Estate value | Fee |
|---|---|
| Up to $25,000 | No probate fee |
| $25,000 – $50,000 | $6 per $1,000 (0.6%) of the value above $25,000 |
| Over $50,000 | $14 per $1,000 (1.4%) of the value above $50,000 |
A separate $200 court filing fee applies to estates with a gross value over $25,000. Like Ontario, BC's probate fee is uncapped.
Worked example: on a $600,000 estate, expect roughly $8,050 (including the $200 filing fee).
While you are alive: British Columbia's incapacity documents
A will only operates at death. If you lose capacity while alive, the documents that matter in British Columbia are the Enduring Power of Attorney (money and property, from age 19) and the Representation Agreement (health and personal care, from age 19), under the Power of Attorney Act; Health Care (Consent) and Care Facility (Admission) Act. Witnessing: Two witnesses — or only one if that witness is a BC lawyer or notary public. Your attorney, their spouse, child, parent or employee cannot witness.
Both are included in your EstateCanvas plan at no extra charge. How the incapacity documents work.
The thing to know about British Columbia
In BC, a will can be rewritten by a judge
WESA section 60 lets a spouse or child apply to court to vary a will that does not make adequate provision for them — and BC courts use it. This is the strongest wills-variation regime in Canada, and it means disinheriting a spouse or an adult child in BC is genuinely difficult. If you plan to leave someone out, or to divide your estate very unevenly among your children, get legal advice before you sign.
What it costs here
$15 for a British Columbia will, complete.
A lawyer-drafted simple will in British Columbia commonly runs $400 to $1,200. The legal validity of the finished document is the same.
One will, one price
$29$15per will
Promotional price until October 31, 2026. Then $29. Nothing is charged until you have read your finished will and approved it.
Start your willNo card required to start · Free updates for life
Everything is included
- A complete last will and testament, drafted to your province's rules
- Province-specific signing and witnessing instructions
- Executors, backup executors, guardians and pet guardians
- Specific gifts and percentage-based residue allocation
- Funeral, burial and final-wishes instructions
- Your estate record: assets, liabilities and uploaded documents
- Read-only sharing with your executor
- Free updates and re-downloads whenever life changes
There is no higher tier. Powers of attorney are not an upsell — they are part of the price.
British Columbia questions, answered
Are online wills legal in British Columbia?
Yes. Nothing in the Wills, Estates and Succession Act requires a lawyer to draft or witness a will. A will made online and signed according to British Columbia's rules — 2 witnesses aged 19 or older, neither of whom is a beneficiary — is fully valid.
What happens if I die without a will in British Columbia?
Your spouse receives your household furnishings plus a preferential share: $300,000 if all of your descendants are also your spouse's, or $150,000 if any of them are not. After the household furnishings and the preferential share, the rest of the estate is divided half to your spouse and half among your descendants. British Columbia is unusually generous here. A partner who has lived with you in a marriage-like relationship for at least two years counts as a spouse under WESA and inherits on intestacy exactly as a married spouse would.
Can I write my will by hand in British Columbia?
Handwritten wills without witnesses are not valid in British Columbia. A BC will must be in writing, signed by you, and signed by two witnesses in your presence. Courts do have a limited power under WESA section 58 to cure a defective document, but relying on that means litigation.
Can I sign my British Columbia will electronically?
Since December 1, 2021, British Columbia has recognised fully electronic wills — created, signed and witnessed in electronic form and electronic presence. BC was the first province in Canada to allow this.
Does getting married cancel my British Columbia will?
Marriage does not revoke a will in British Columbia. Ending a marriage or a marriage-like relationship generally revokes gifts and appointments in favour of that former spouse.
How do I name a guardian for my children in British Columbia?
You can appoint a guardian for your minor children in your will, and British Columbia also allows you to appoint a standby guardian who can act immediately if you become unable to care for your children. The court can review any appointment against the child's best interests.
- Wills, Estates and Succession Act, SBC 2009, c 13
- Probate Fee Act, SBC 1999, c 4
- Power of Attorney Act, RSBC 1996, c 370
- Bill 21, Wills, Estates and Succession Amendment Act, 2020 (electronic wills)
Reviewed 2026-08-04. Legislation changes; verify anything you are relying on. This page is general information about British Columbia law, not legal advice about your situation.
Make your British Columbia will tonight.
About twenty minutes of questions, then read the finished will before paying $15.