TL;DR: In BC, a will is a legal document that sets out how a person’s property is to be distributed after death and names the executor responsible for carrying it out.

Definition

A Will is a legal document that sets out how a person wants their property and assets distributed after they die. It names the beneficiaries who will receive that property, appoints an Executor and gives them the legal powers needed to carry out the will-maker’s wishes.

It can set out trusts to manage gifts for certain beneficiaries, and it can include instructions about the Executor’s fees or the will-maker’s funeral wishes.

What it means and why it matters

The person making a Will is referred to in the Wills, Estates and Succession Act (WESA) as the “will-maker” — the more traditional term for the same role is “testator.”

In British Columbia, “Will” and “testamentary instrument” are often used interchangeably in everyday conversation, but they aren’t quite the same thing legally. Under WESA, a testamentary instrument is the broader category — it includes a Will, but also things like a beneficiary designation on an RRSP or insurance policy. Every Will is a testamentary instrument; not every testamentary instrument is a Will.

WESA also gives the courts an important safety valve under its curing deficiencies provision: if a document doesn’t meet all the formal requirements of a valid Will, but a court is satisfied it genuinely reflects the deceased’s wishes, the court can order it to be treated as fully effective anyway. This doesn’t replace the need to properly make and execute a Will — it’s a backstop for genuine mistakes, not a shortcut.

Without a valid Will, an estate falls into intestacy, and BC’s intestacy rules decide how it’s divided — a process that may not reflect what the person actually wanted.

Similar and interchangeable terms

  • Last Will and Testament — a traditional phrase for the same document; fully interchangeable with “Will” in current usage.
  • Testamentary instrument — the broader legal term under WESA; every Will qualifies as one, but the reverse isn’t always true (see above).

Similar word

Codicil — a separate document that changes or adds to an existing Will without replacing it entirely. A codicil isn’t a Will on its own, but once executed with the same formalities, it reconfirms the original Will it amends.

In practice, we try hard to avoid using codicils. They’re fussy documents — a small error can inadvertently affect or even invalidate the underlying Will. They also go missing more often than people expect, sometimes by accident and sometimes because a beneficiary who didn’t like what it said quietly made sure it disappeared. For these reasons, we generally prefer to make a new Will rather than add a codicil.

Examples

Maria signs a Will leaving her house to her son and her savings to her daughter, and names her sister as Executor.

Robert’s original Will named two executors, both of whom have since passed away, and the notary who originally drafted his Will has retired, so there’s no file on hand to simply pull up and amend. Robert just wants to add one new executor — nothing else needs to change. It might seem like a codicil would be the simpler, cheaper fix for such a small change, but we generally recommend making a new Will instead. Even for a codicil, we’d still need to track down and verify that the original Will was validly executed, confirm it still reflects Robert’s current wishes, and draft new wording carefully matching the existing structure — work that’s often just as involved as preparing a new Will outright, without the added risk of a codicil being lost or misplaced down the road.

After Tom passes away, his family finds a signed letter clearly describing how he wanted his estate divided — but it wasn’t witnessed. His family applies to the court under WESA’s curative provision to have it treated as his Will.

Frequently Asked Questions

Does a Will need to be witnessed in BC?

Yes. To be automatically valid, a Will must be in writing, signed by the will-maker, and signed by two witnesses present at the same time.

Is a handwritten Will valid in BC?

Not automatically. An unwitnessed handwritten Will doesn’t meet the formal requirements, though a court has discretion to treat it as valid if convinced it reflects genuine testamentary intent — this requires a court application and isn’t guaranteed.

Can I change my Will after signing it?

Yes, though we generally recommend making a new Will rather than adding a codicil, for the reasons noted above.

What happens if I die without a Will in BC?

The estate falls into intestacy, distributed according to BC’s intestacy rules — a fixed legal formula rather than the deceased’s personal wishes.