Wills (and E-Wills)

Jump to: Overview • Forms • Examples • FAQs • Related Information

Jump to: Overview • Forms
Examples • FAQs • Related Info

This website is from Nidus, a BC non-profit society. We provide free information to: help British Columbians plan for the future, support self-determination, and provide equitable access to essential resources and benefits.

Legally reviewed. Last update made in June 2023.

Is a will a legal document in BC?

Yes, a will is a legal document in British Columbia (see the BC Wills, Estates and Succession Act).

What is a will for?

A will is a legal document you can make to say what you want to do with what you own (your estate*) after you die.

You can also name someone called an executor, to settle your estate after you die.

*Your estate does not include joint property that will go to another owner through the right of survivorship (see Joint Ownership), or for registered plans, insurance plans or other accounts that have named beneficiaries (see Beneficiary Designations).

Who can make a will in BC?

A person who is 16 years of age or older and who is “mentally capable” of doing so may make a will. This means you must understand the nature and effect of making a Will; have a sense of what you own and who may expect to inherit (such as a spouse and children), and be free of mental delusions. This is a legal test, not a medical one.

There are some differences for members of the Canadian Forces, and there may be different rules if you live on reserve.

When can a will be used?

A Will is an estate planning document — this means it is intended to be used after you die; it has no effect while you are alive.

If you do not make a will, the default rules in the law will say what happens to your property – see Dying Without a Will (Intestacy).

What are electronic wills (E-Wills)?

An electronic will or e-will, means a will that is in an electronic format – for example, a PDF file on a computer.

E-wills are signed by the will-maker and their witnesses digitally, and stored digitally (there does not have to be a paper copy).

There can be multiple “originals” of an e-will as long as they are unaltered, so it would make sense to save copies on multiple devices and online locations to make it easier for the executor to locate an original for probate.

The will-maker and their witnesses could be in the same room while making an e-will, or could be in different locations but using an audio-video-conferencing service to fit the requirements under the law.

Just because a physical will is signed using “remote witnessing” or “electronic witnessing” – where the will-maker and witnesses are in different locations using an audio-video-conferencing service, and signing identical copies of a physical will in counterpart (duplicates), does not make the will an electronic will. Scanning a copy of a physical will does not make it an e-will.

Free/Low-Cost Wills and Lawyer Referrals

Lawyer Referral Service – 15 minutes of free consultation with a lawyer
Access Pro Bono Wills Clinic – for low/modest income people 55+, and people with a terminal illness
Everyone Legal Clinic – fixed-fee services, provided locally and virtually
UBC LSLAP Clinic – for low-income earners who live the lower Mainland of BC
Seniors First Elder Law Clinic – for older adults (55+) residing in BC, with income eligibility criteria

Register

Securely register a copy of your Will or E-Will with the Nidus Registry, a BC-based centralized digital repository with 24/7 access. Ensure you are prepared for a health crisis or other emergency.

Nidus Registry

VSA Wills Registry

The BC Vital Statistics Agency maintains a wills registry where you can register a “wills notice” which includes information on the location of your will. The probate process includes completing a search for a wills notice. The VSA wills registry does not keep copies of wills.

VSA Wills Registry

Wills FAQs

Coming Soon

FAQs coming soon

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