A will is the centre of most estate plans, but it rarely stands alone. The questions people ask us about wills usually lead to others: who can inherit, how to provide for children, what an executor does, and what happens if someone challenges the will. This guide brings together our articles on wills under BC law so you can find the answer you need, or the next question to ask.
| Start here
If you are making or updating a will, begin with the basics: who can make a will, how it must be signed and witnessed, and the mistakes that most often cause problems. |
Making a Valid Will
BC’s Wills, Estates and Succession Act (WESA) sets out what a will needs in order to be valid, and who has the capacity to make one.
- How to make a valid will in BC: the WESA signing and witnessing requirements, electronic wills, and when a court can fix a will that falls short.
- Capacity to make a will: the mental ability a will-maker needs, and how capacity is assessed.
- Holograph wills: handwritten, unwitnessed wills and how BC treats them.
- Multiple wills: when it makes sense to have more than one will.
Choosing Who Inherits
Your will decides who receives your estate, but BC law places some limits on that choice, and some assets pass outside your will entirely.
- Excluding a child from your will: whether you can leave a child out, and how wills variation claims work.
- Stepchildren’s inheritance rights: where stepchildren stand under BC law, with and without a will.
- Estate planning for blended families: balancing a spouse, children and stepchildren in one plan.
- Gifts and loans to children: how help you give during your lifetime is treated when your estate is divided.
- The family home after one spouse dies: a surviving spouse’s rights to stay in the home.
- Right of survivorship: jointly owned property and why it usually passes outside your will.
- Beneficiary designations on registered accounts: RRSPs, RRIFs and TFSAs that pass directly to a named beneficiary.
- Dying without a will: who inherits under WESA if there is no valid will.
Trusts in Your Will
A trust in your will lets you control how and when a beneficiary receives their inheritance.
- Trusts for minors: providing for children and grandchildren under 19.
- Henson trusts: supporting a beneficiary with a disability without affecting their benefits.
- Lifetime discretionary trusts: protecting a beneficiary who may not manage money well.
Executors and Estate Administration
Your executor carries out the instructions in your will, so choosing the right person matters as much as what the will says.
- Choosing your executor: what to consider when naming an executor.
- The role of the executor: an executor’s duties, from probate to final distribution.
- Non-resident executors: naming an executor who lives outside BC.
- Filing estate taxes: the tax returns and clearance certificate an executor is responsible for.
- Planning for estate taxes: how taxes on death work in BC and how to plan for them.
- Digital assets: what executors need to access online accounts and digital property.
When a Will Is Challenged
A will can be challenged after death if family members believe it is unfair, or that it does not reflect what the will-maker truly wanted.
- Wills variation claims by children: how BC courts decide whether a will made adequate provision.
- Undue influence: when pressure from another person can invalidate a will.
- Estate litigation and mediation: resolving estate disputes in and out of court.
Planning Beyond Your Will
A will only takes effect after death. An enduring power of attorney lets someone you trust manage your financial affairs if you become unable to during your lifetime, and is usually prepared at the same time as a will.
Get Help With Your Will
Every family’s situation is different, and these articles are general information, not legal advice. If you are ready to make or update your will, Deborah Todd Law can help you put a plan in place that reflects your wishes and holds up under BC law. Learn more about our wills and estates services in Victoria, or contact us to book a consultation.
