Creating a Will is one of the most important legal steps you can take to protect your family and your wishes. In British Columbia, not all Wills are legally valid. Many people assume that a handwritten or templated Will is good enough, only to find out later that the document fails to meet basic legal standards.

So what actually makes a Will valid in BC? 

Under the Wills, Estates and Succession Act (WESA), there are very specific criteria that must be followed. Even small oversights can leave a Will open to challenges or rejection by the court. In this post, we’ll walk through what those requirements are, how remote witnessing works, and why working with a notary is still the safest path forward.

What Is a Will in British Columbia?

A Will is a legal document that outlines your wishes for how your property and responsibilities should be handled after your death. A properly prepared Will includes:

• Who you want to act as your executor
• How you want your assets distributed
• Who should become guardian of your children
• Directions about taxes, debts, or personal items
  
  

In BC, a Will that does not follow WESA rules may be considered invalid. If that happens, the province decides what happens to your estate, not your family or your written intentions.

Why Validity Matters More Than You Think

A Will that isn’t legally valid puts everything at risk. Your loved ones may have to apply to court, dispute unclear instructions, or wait months for the estate to be resolved. In some cases, they may not receive what you wanted them to have at all.

The law in BC is clear: valid Wills must follow specific rules around signing and witnessing. This protects the Will from being disputed and ensures that your voice is honored.

The 3 Formal Requirements for a Valid Will in BC

There are three formal elements that every valid Will in BC must have:

1. The Will must be in writing
This can be typed or handwritten, but it must exist in a physical or digital document, and follow the witnessing requirements. Verbal instructions do not count.

2. The Will must be signed by the person making it
You must sign the Will at the bottom, showing that the contents reflect your intentions. This is your formal acknowledgement and approval of what the document says.

3. It must be signed in front of two witnesses
Both witnesses must be present at the same time when you sign the Will. They must then each sign it in your presence.

If any of these elements are missing, the Will may be rejected by the probate court. You may still be able to ask a judge to accept it as valid, but this adds risk, time, and legal costs.

Who Can Be a Witness and Who Can’t

One of the most common mistakes people make is asking the wrong person to witness their Will.

In BC, a witness must:

• Be at least 19 years old
• Be mentally capable
• Not be a beneficiary of the Will
  
  

If someone stands to inherit from your Will, they should never act as a witness. Doing so could invalidate their gift. This is a common issue in do-it-yourself or online Wills, where the person helping is also named to receive something.

For this reason, it’s best to work with neutral third parties, like a notary’s staff, to act as witnesses.

Are Online or Digital Wills Valid in BC?

Yes, but only if they meet the standards introduced under new laws during the pandemic. Since 2020, BC has allowed electronic Wills and remote witnessing through video conferencing. Here’s how it works:

• The person making the Will and both witnesses can sign from different locations
• All parties must be connected in real time through audio-visual communication
• Electronic signatures are allowed, and the Will can exist in a digital format
• The signed version must be stored in a way that can be retrieved later
  
  

While this option offers flexibility, the technical process is complex, and, if not done correctly, the Will may be considered invalid.

Can I Make a Will Over Video or Email?

You can’t just record a video message or send your intentions in an email and expect it to be considered a valid Will. The courts may review those documents under section 58 of WESA, which lets a judge accept informal expressions of intent, but this process is uncertain and not guaranteed.

Unless your Will is signed and witnessed properly, you’re taking a risk that your final wishes won’t be honored.

What Happens if the Will Isn’t Signed Properly?

If the Will is missing signatures or wasn’t witnessed correctly, it won’t be automatically accepted in probate court. The executor would need to make a formal application asking the court to recognize it anyway. This adds time, cost, and stress.

If the court does not approve the document, your estate could be treated as if you had no Will at all. That means it would be distributed under the province’s intestacy laws.

Handwritten Wills: Are They Legal?

BC does not allow handwritten Wills, also known as holograph Wills. If a Will is handwritten, it must be properly signed and witnessed. If not, it may be rejected.

Many people believe that writing down their wishes on paper and signing it is enough. It’s not. Without two qualified witnesses, the Will may not be enforceable.

Common Mistakes That Can Void a Will

Even when people think they’ve done everything right, small oversights can still make a Will legally questionable. Some of the most frequent errors include:

• Having a beneficiary act as a witness
• Not signing the Will at all, or signing in the wrong place
• Leaving out the date
• Making changes after signing without initials or new witnesses
• Using online templates that don’t follow BC law
  
  

To avoid these issues, Lilian offers custom Will preparation and full explanation of what each section means so there’s no guesswork.

Why You Should Avoid Free Will Kits

A quick Google search will offer dozens of free or low-cost Will templates, but most of them are written for general use and fail to consider BC-specific laws. These generic forms often:

• Don’t mention local tax implications
• Use outdated legal language
• Skip required clauses or signatures
• Leave no instructions for digital assets
  
  

They also rarely account for what happens if your life changes. Marriage, divorce, or having children can all affect your Will, and most kits don’t provide any guidance on that.

How a Notary Makes Sure Your Will Is Legally Sound

At Lilian Cazacu’s notary office, every Will is reviewed line by line to confirm that:

• Your wishes are clearly spelled out
• All parties are legally able to sign
• The document reflects current BC law
• Witnesses meet the legal criteria
• Your original document is stored properly
  
  

Clients often feel relieved after working with a notary. Instead of wondering if they’ve missed something, they walk away knowing it’s done right.

If you’re preparing other documents at the same time, like a Power of Attorney or Representation Agreement, Lilian can help you build a full personal planning package that protects you now and later.

When Should You Update Your Will?

Even a valid Will should be reviewed regularly. You may need to update it if:

• You get married, separated, or divorced
• You welcome a new child or grandchild
• Your financial situation changes
• Your executor becomes unavailable
• You move to a new province or country
  
  

Any time a major life event happens, it’s a good idea to review your Will with your notary. You don’t need to start from scratch. Sometimes a simple codicil, or amendment, is enough.

Final Thoughts

A Will that isn’t valid in the eyes of the law can lead to expensive, stressful consequences for your family. Thankfully, BC’s legal requirements are clear, and with the right professional help, they’re easy to meet.

At Lilian Cazacu Notary Public, we help clients across Langley, Aldergrove, Walnut Grove, and the Fraser Valley prepare Wills that hold up in court and provide real peace of mind.

We’ve also written about why same-day completions aren’t a good idea in real estate deals (read here), which ties closely to estate transfers. For more tax-related planning tips, check out our blog on the Speculation and Vacancy Tax.

Need help preparing or updating your Will?

Contact Lilian Cazacu Notary Public to book a consultation today.

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