How do I make a will?

Last reviewed February 2025 by the Clicklaw editors

There’s no official “form” for making a will in BC, but for a legally valid will:

  • You must be at least 16 years old.
  • You must be capable of understanding the nature and consequences of the will.
  • You must sign the will on the last page in front of two witnesses.
  • These two witnesses must also sign the document. (In BC, the will doesn’t need to be notarized.)

Even if the will is valid, BC’s Wills, Estates and Succession Act (section 60) lets your spouse or children challenge a will if you haven’t included or made “adequate provision” for them. A will can also be challenged on some other grounds. For more information see the People’s Law School page Challenging the Validity of a Will.

What should I include in my will?

It can be tricky to write a will without prompts to remind you about everything you might want to include.

You can come to a Courthouse Libraries BC location during our open hours to use the digital version of a book in our collection called Wills and Personal Planning Precedents: An Annotated Guide. The digital version on our public computers has a “document builder” where you can choose clauses you want to add to your will, and then download a copy to take with you.

Also, beginning on page 16-11 of “Chapter 16: Wills & Estate Administration” (PDF) (from the LSLAP Manual), you can see what clauses are commonly used in drafting a will — and they even include some sample language.

Another useful site is the Courthouse Libraries BC page Wills & Personal Planning Resources. This page lists resources that can help, including a will-drafting checklist from the Law Society of BC (PDF) containing topics that are a good idea to include.

In general, when writing a will, you should consider:

  • Who will be your executor?
  • Who are your beneficiaries — that is, who will inherit your assets)? Include any specific gifts you’d like to leave.
  • Would you like to set up a trust? A trust allows a third party (trustee) to hold on to assets for the beneficiaries.
    • If you create a trust, the executor will be the trustee unless you appoint a different person.
    • For example, if any of your beneficiaries are minors, you can set up a trust so that they don’t receive their inheritance until a later age of your choosing. You can also set up a trust for someone with a disability.
  • Who will be the guardian for your children under the age of 19 and for your pets?
  • Do you have any specific wishes for your funeral or burial?

It’s a good idea to include a backup executor or backup guardian for your dependants in case the person you have chosen dies before you do.

Aside from a lawyer, a notary public can also help you prepare a will. The Society of Notaries Public of BC has a list of notaries — click “Find a Notary” at the bottom of Choosing a Notary. Tip: If you leave the search field empty and click Search, you can see a list of all registered notaries and the city in BC where they practise.

Does a will need to be a physical document?

A will has to be in writing to be valid. It can be typed, handwritten, or in electronic form.

Since December 1, 2021, a will can be signed and stored electronically. All unaltered electronic copies are considered “original” for filing with the court. This makes it easier for your executor to locate the original to complete the process of probate.

It’s a good idea to save an electronic will in PDF format and print out a paper copy in case the electronic file is lost. A printout is the same as a photocopy, which means it’s not an “original,” but it may be used if the original is no longer accessible.

As with signing and witnessing a will that’s printed out, the will maker and their two witnesses must be in each other’s physical presence or “electronic presence,” such as in a videoconference.

An electronic signature can also be used. PDF viewers such as Adobe Reader and apps like Docusign allow you to add a digital signature line.

How do I register my will?

Once you’ve created your will, you may want to register it with the BC Wills Registry (managed by the Vital Statistics Agency). The registry doesn’t keep a copy of the will, but it does keep information about its existence and location. The first step an executor has to take when probating a will is to search for whether a Wills Notice exists.

You register the will by filing a form called a Wills Notice, which you can do online, by mail, or in person at a Service BC office. The Wills Notice contains:

  • Your full legal name and date of birth
  • The date you signed the will
  • The location of your will
  • The date you filed the Wills Notice with Vital Statistics

You’ll have to decide where you want to store your will. Some options for a physical will include:

At home

  • Make sure your executor will be able to access your home and find the will. Do they need a key or a passcode?
  • Keep your will protected from theft, fire, or flooding. A fireproof safe might be a good idea.

In a safety deposit box at the bank

  • To retrieve it, your executor will need a key and power of attorney, or a death certificate and a copy of the will.

With the executor

  • This will be the easiest option for the executor.
  • Make sure they have a safe place for the will.

At your lawyer’s office

  • If you have a lawyer, they may be able to store it for you, but remember that lawyers can move or end their practice.
  • Let your executor know beforehand that if they can’t reach your lawyer, they can ask the Law Society of BC for help. Currently this is done through an online form on their Lost Files and Wills page, but you can also call them.

What if the location of my will changes?

If you change your will’s location or have any other information that should be updated, you should also update the Wills Notice by filing a new one. If you store your will at home, you’ll need to do this if you move to a new address.

Let your beneficiaries or your executor know where your will is kept.

What happens if a will is not valid?

In some cases, wills may not be technically valid. Examples include if the will isn’t witnessed (which is called a “holographic will”) or the will maker speaks their wishes in a video recording rather than putting them in writing.

If this happens, for the will to be used, someone must get a court order to “cure deficiencies” in the will. (See section 58 of the Wills, Estates and Succession Act.)

If the will doesn’t properly explain the wishes of the will maker — for example, there is an error or omission in the will and evidence of the will maker’s intentions — the will can be “rectified” by the court. (See section 59 of the act.) In such a case, the court will consider additional evidence of the will maker’s intentions.

Helpful resources

  • Nidus: This website on personal planning in BC also has a section on wills.
  • Preparing Your Will (People’s Law School): This guide explains how to prepare and register a will. It also covers what to consider when appointing an executor, and next steps after the will is finished, including how to change or cancel a will.
  • LSLAP Manual: Wills & Estate Administration (PDF) (Law Students’ Legal Advice Program): There is a section that provides a breakdown of common provisions included in wills.

Helpful services

  • Law Students’ Legal Advice Program (LSLAP): They have in-person (Vancouver) and remote clinics run by law students at UBC. They give free legal advice on wills and estates, and may draft wills.
  • The Elder Law Clinic (Seniors First BC): They give free legal advice to older adults (55+) about advanced planning documents like wills and powers of attorney.
  • Everyone Legal Clinic: The clinic prepares wills and powers of attorney on a lower-cost, fixed-fee basis.
  • Find more services.