Estate Planning Basics: Why Every BC Adult Needs a Will

Most people think estate planning is something reserved for the wealthy, the elderly, or people in poor health. It isn't. If you own anything, earn income, have a partner, or care for children, you have an estate — and without a will, British Columbia law decides what happens to it when you die. That decision may bear little resemblance to what you actually wanted. This guide explains what happens if you die without a will in BC, what a properly drafted estate plan includes, and why it is one of the most straightforward legal tasks most adults will ever undertake.

What Happens Without a Will (Dying "Intestate")

When a person dies without a valid will, they are said to have died "intestate." In BC, the distribution of an intestate estate is governed by the Wills, Estates and Succession Act (WESA), which came into force in 2014. WESA provides a fixed formula for distributing assets among surviving family members — and that formula may not reflect your wishes at all.

Under the intestacy rules in WESA:

If you are survived by a spouse and children, your spouse receives the first $300,000 of the estate (the "preferential share") and half of the remainder; your children share the other half equally
If you have a spouse but no children, your spouse receives the entire estate
If you have children but no spouse, your children divide the estate equally
If you have no spouse or children, the estate passes to your parents, then to siblings, and so on through a prescribed order of relatives

There are critical gaps in this formula that affect many British Columbians:

Common-law partners: Under WESA, a common-law spouse must have lived with you in a "marriage-like relationship" for at least 2 years to qualify as a spouse for intestacy purposes. A partner of one year receives nothing under the intestacy rules, regardless of your actual relationship or intentions.
No bequests to friends, charities, or extended family: Intestacy distributes assets only to the prescribed category of relatives. There is no provision for leaving anything to a close friend, a favourite charity, a godchild, or any person outside the formula.
No control over timing or conditions: Intestacy law does not allow for trusts, age-based distribution conditions, or any other structure designed to protect beneficiaries.

What a Will Does

A properly drafted will is the foundational document of any estate plan. It allows you to:

Name an executor: The executor is the person responsible for administering your estate — gathering assets, paying debts, filing final tax returns, and distributing the estate to your beneficiaries according to your instructions. Choosing the right executor is one of the most important decisions in estate planning.
Distribute assets according to your actual wishes: You decide who receives what — in what proportions, under what conditions, and at what time.
Name a guardian for minor children: If you have children under 19, your will is the place to record your preference for who should care for them. While courts are not bound by this designation, they give it significant weight.
Establish trusts for beneficiaries: If you are leaving assets to minor children or other beneficiaries who should not receive a lump sum immediately, your will can establish a trust with age-based or condition-based distribution terms.
Reduce family conflict: A clear, unambiguous will dramatically reduces the likelihood of family disputes over your estate — disputes that can be costly, emotionally devastating, and damaging to relationships that outlast the estate itself.

Requirements for a Valid BC Will

Under WESA, a formal will must meet all of the following requirements to be valid:

The testator (person making the will) must be at least 16 years of age
The will must be in writing
The will must be signed by the testator (or by another person in the testator's presence and at their direction if the testator is physically unable to sign)
The signature must be made or acknowledged in the presence of two witnesses who are both present at the same time
Witnesses cannot be beneficiaries under the will, nor can their spouses or common-law partners — a gift to a witness may be void

BC also recognizes "holograph wills" — wills that are entirely handwritten and signed by the testator, without any witnesses. While technically valid, holograph wills carry significantly higher risk: they are more likely to be challenged, more likely to contain ambiguous language, and more likely to overlook important provisions. They are generally inadvisable as a substitute for a properly prepared will.

Powers of Attorney

A will only takes effect at death. An enduring power of attorney (EPA) addresses what happens while you are alive but incapacitated — unable to manage your financial affairs due to illness, injury, or cognitive decline.

An EPA appoints an "attorney" (a trusted person, not necessarily a lawyer) to make financial and legal decisions on your behalf. An enduring power of attorney, unlike a regular power of attorney, continues to be valid even if you become mentally incapable — which is precisely when it is most needed.

Without an EPA, no one — not your spouse, not your adult children — has automatic legal authority to manage your financial affairs if you become incapacitated. The alternative is a court-appointed committeeship process under the Patients Property Act: a lengthy, expensive, and public process that gives a court-appointed committee authority over your financial affairs. The committee may not be the person you would have chosen, and the process offers none of the efficiency or privacy of a properly executed EPA.

Representation Agreements

A representation agreement is a separate document that appoints a representative to make personal and health-care decisions on your behalf. It is distinct from a power of attorney, which covers only financial and legal matters. A representation agreement addresses questions such as:

What medical treatments do you consent to or refuse?
Where do you want to receive care if you cannot live independently?
What are your preferences regarding life-sustaining treatment?

Under BC's Representation Agreement Act, there are two types: a Section 7 agreement covers routine personal and health-care matters and does not require a specific mental capacity assessment; a Section 9 agreement covers major health-care decisions and requires that the adult have the specific capacity to enter into it. Both types must be signed in the presence of a witness who meets statutory requirements.

A representation agreement ensures that your health-care wishes are known and that someone you trust — not a stranger appointed by a court or a default process at a hospital — is empowered to advocate for you.

How Often Should You Update Your Will?

A will is not a document you create once and forget. Life changes, and your estate plan should reflect those changes. You should review and potentially update your will:

After marriage: Under WESA, marriage does not automatically revoke a will made before marriage (unlike the prior law), but it is still wise to review your will and update beneficiary designations on registered accounts and insurance policies.
After separation or divorce: Separation does not automatically revoke a gift to a former spouse under BC law. You should update your will promptly after any relationship breakdown.
After the birth of children or grandchildren: To ensure new family members are included and, if applicable, that appropriate trust provisions are in place.
After significant changes in your assets: If you acquire or dispose of major assets (real estate, a business interest, an inheritance), review your will to ensure the distribution still makes sense.
If an executor, beneficiary, or guardian dies or becomes unsuitable: Name alternates and review appointments regularly.
As a general rule, every 3–5 years: Even without a specific triggering event, periodic review ensures your will reflects your current wishes.

"A will is not about expecting the worst. It's about making sure the people you love are protected, no matter what."

Estate planning does not have to be complicated or time-consuming. A straightforward will, an enduring power of attorney, and a representation agreement can typically be completed in a single meeting with an estate planning lawyer. The cost is modest compared to the cost — financial and emotional — of not having these documents in place. Whether you are 30 or 70, recently married or newly a parent, the right time to put your estate plan in order is now.