There’s a common misconception that you need an estate lawyer or notary to write your will. While professional legal assistance is recommended for complex estates, British Columbia law allows individuals to create a legally valid will using a will kit or even writing one by hand. However, there are specific legal requirements that must be followed to ensure the will is enforceable.
Are Will Kits Legal in British Columbia?
Yes, will kits are legal in BC, provided they meet the formal requirements outlined in the Wills, Estates and Succession Act (WESA). A will created using a kit must:
- Be in writing (typed or handwritten).
- Be signed by the testator (the person making the will).
- Be witnessed by two individuals who are not beneficiaries.
For more details on BC’s will laws, visit the Government of British Columbia’s wills and estates guide.
Types of Wills Recognized in British Columbia
- Formal Will – A typed or handwritten will that is signed and witnessed by two people.
- Holographic Will – A handwritten will without witnesses (not legally valid in BC but accepted in some provinces like Alberta and Saskatchewan).
- Electronic Wills – British Columbia is the first province in Canada to allow electronic wills, which can be created, signed, and stored digitally. Learn more about e-wills under BC’s updated Wills, Estates and Succession Act.
Advantages and Disadvantages of Using a Will Kit
Advantages
✅ Affordable – A will kit is significantly cheaper than hiring a lawyer. ✅ Simple for basic estates – If you have straightforward assets and clear beneficiaries, a will kit may be sufficient. ✅ Convenience – Can be completed at home at your own pace.
Disadvantages
❌ No legal advice – A will kit cannot provide guidance on tax implications, blended families, or special clauses. ❌ Risk of errors – Missing signatures, improper witnessing, or vague wording can cause disputes. ❌ Limited flexibility – Will kits may not address complex scenarios like trusts or guardianship arrangements.
When Should You Use a Lawyer Instead?
If your estate involves any of the following, it’s best to consult an estate lawyer:
- Multiple properties or businesses.
- Significant investments or complex assets.
- Blended families or dependents with special needs.
- Desire to minimize probate fees or taxes.
- Concerns about potential disputes among beneficiaries.
For professional estate planning assistance, visit the Law Society of British Columbia.
Ensuring Your Will Is Legally Sound
If you choose to use a will kit, take these steps to ensure it’s legally valid:
- Follow all legal requirements under BC law.
- Store the will safely and let your executor know where it is.
- Review and update your will periodically, especially after major life changes.
- Register your will with the Vital Statistics Agency to ensure it can be found when needed.
While will kits offer a simple way to draft a will, they may not be suitable for everyone. Understanding the limitations and seeking legal advice when necessary can help ensure your final wishes are carried out correctly.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified professional for guidance on will preparation in British Columbia.
