Preparing Your Will: Step-by-Step

Typically, a Will has several sections:

• The Will appoints the executor. This is the person who is responsible for carrying out the instructions in the Will. You appoint someone you think may outlive you. It’s wise to also appoint at least one person to be back-up executor, just in case the executor dies before you.
• The Will says who gets your property and under what conditions. The people to whom you give your possessions and property are called beneficiaries.
• The Will says who gets any property that remains after all the beneficiaries have been given their share.
• The Will can include other details as you wish. For example, people should name a guardian for their children who are 19 and under.

You can also cancel a Will. You can cancel a Will by destroying the original or, you can cancel a Will by drawing up a signed written document, with two witnesses. A new Will normally cancels any previous Will.

After March 31, 2014, a marriage that occurs after the making of a Will no longer cancel that Will.

Does the law say I have to leave my estate to my family?

In general, you are free to leave your estate to whomever you want. Only a spouse, including common-law spouse or your children can dispute the arrangements you make in your Will. They have to apply to the Supreme Court within six months after the Will has been probated. They have to prove in court that the Will does not provide for them adequately.

If you want to leave a spouse or child out of your Will, you should explain this in a separate document or letter, kept with your Will. You need to show that you have considered them and your obligation to provide for them. This does not guarantee that they will not receive something if they dispute the Will in court. You should seek legal advice from a lawyer.

Example: Paulo has no children of his own. He wants to leave his belongings to his niece and nephew in case he dies. To make sure, he writes this in his Will.

Separated spouses generally have no legal claim to dispute the arrangements made in your Will. Other relatives who are left out also generally have no claim.

Example: Maria is writing her Will. Both of her sisters want her to leave her opal ring to them. The ring originally belonged to their mother, and is a family heirloom. Maria knows that unless she is very clear in her Will about who should have the ring, there will be trouble later.

Do I have to get legal help to make a simple Will?

A simple Will does not cost very much and you may find that a lawyer or Notary Public is the safest way to avoid mistakes. Ask a lawyer or notary how much it will cost before you decide to give the job to him or her.

How do I register my Will?

You can register your Will with the provincial government Wills Registry service. The law does not require this, but it’s a good idea because it shows where you have put your current Will. To register your Will, you or the lawyer or notary need to file a Wills Notice with the Wills Registry,Division of Vital Statistics. Contact them to find the nearest office. Do not send a copy of the Will, just send the Wills Notice.

Division of Vital Statistics Victoria - 1.250.952.2681 Lower Mainland - 604.660.2937 Outside the Lower Mainland - 1.800.663.8328 www.vs.gov.bc.ca

Where should I keep my Will?

You need to keep it in a safe place that is fireproof, waterproof, and tamper-proof. The executor needs to know where it is, so that he or she can easily find it after your death.

Can I change my Will after I’ve made it?

You can make a new Will at any time. Or you can change the Will you’ve made by signing a separate document, called a codicil. To be legal, the codicil has to meet the same requirements as the Will. For example, it must be in writing, and be signed by you and two witnesses. You don’t have to use the same two witnesses you used for your Will. The codicil must refer to the Will it is amending.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2014.

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