What is the minimum age to make a will in BC?

In British Columbia you can make a valid will at 16, which is younger than the usual age of 18 in most other provinces.

Are electronic wills legal in British Columbia?

Yes. Under WESA, BC recognizes electronic wills that are signed and witnessed by video and stored electronically, as long as the legal requirements are met.

Can a will be challenged for unfair distribution in BC?

Yes. BC's wills variation rules let a spouse or child ask the court to vary a will that fails to make adequate provision for them, which is broader than in many provinces.

Can a BC court accept an improperly signed will?

Potentially. WESA's curative power lets a court recognize a document as a will if it clearly reflects the deceased's intentions, but this requires a court application and is not guaranteed.

Making a Will in British Columbia: What You Need to Know

British Columbia modernized its will and estate law through the Wills, Estates and Succession Act (WESA), which introduced some of Canada's most flexible rules — including electronic wills. Here is what you need to know to make a valid will in BC. This is general information, not legal advice — consult a lawyer in your jurisdiction.

What makes a will valid in British Columbia?

In BC you must be at least 16 — a lower age than most provinces — and have mental capacity. A will must be in writing, signed by you, and witnessed by two people who sign in your presence.

Witnesses should not be beneficiaries or their spouses, as that can void the gift, though BC courts have some discretion to uphold such gifts in limited circumstances.

Does BC allow electronic wills?

Yes. BC was a Canadian leader in recognizing fully electronic wills. An electronic will can be signed and witnessed using video technology and stored in electronic form, provided the WESA requirements are met.

This makes BC one of the easier provinces in which to complete a will entirely online, though the technical steps must be followed precisely.

Can a court fix a flawed will in BC?

WESA gives BC courts a 'curative' power to recognize a document that does not meet all the formal requirements, if the court is satisfied it represents the deceased's true intentions.

This is a safety net, not a substitute for doing it right. Relying on it means a court application, expense, and uncertainty, so always aim to meet the formal rules.

How does probate and wills variation work in BC?

Probate in BC confirms the executor's authority and involves probate fees based on the estate's value. Executors typically apply through the BC Supreme Court.

BC's wills variation provisions are notable: a spouse or child can ask the court to vary a will that does not make 'adequate provision' for them, even if the will is otherwise valid. This gives BC courts broad power to adjust distributions.

Can you make a BC will online?

Yes. Because BC recognizes both properly witnessed printed wills and electronic wills, online tools fit the province well. Follow the signing instructions for whichever format you choose.

iFinallyWill produces BC-specific wills and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee. Given BC's wills variation rules, get legal advice if you plan to leave out a spouse or child.

Frequently asked questions

What is the minimum age to make a will in BC?: In British Columbia you can make a valid will at 16, which is younger than the usual age of 18 in most other provinces.
Are electronic wills legal in British Columbia?: Yes. Under WESA, BC recognizes electronic wills that are signed and witnessed by video and stored electronically, as long as the legal requirements are met.
Can a will be challenged for unfair distribution in BC?: Yes. BC's wills variation rules let a spouse or child ask the court to vary a will that fails to make adequate provision for them, which is broader than in many provinces.
Can a BC court accept an improperly signed will?: Potentially. WESA's curative power lets a court recognize a document as a will if it clearly reflects the deceased's intentions, but this requires a court application and is not guaranteed.