Can You Write Your Own Will in BC?

The legal requirements for a valid will in BC

Under WESA, a will is valid in BC if:

1. The will-maker is at least 16 years old
2. The will-maker is mentally capable (understands what a will is, what they own, and who their beneficiaries are)
3. The will is in writing (typed or handwritten)
4. The will is signed by the will-maker (or by someone at their direction, in their presence)
5. Two witnesses are present when the will-maker signs, and both witnesses sign the will

Witness rules

• Both witnesses must be present at the same time
• Witnesses cannot be beneficiaries under the will (or the spouse of a beneficiary)
• If a witness is a beneficiary, their gift under the will is void — though the rest of the will remains valid
• Witnesses should be adults, though WESA doesn't specify a minimum age

What about handwritten (holograph) wills?

Unlike some provinces (Alberta, Saskatchewan, Manitoba, Quebec), BC does not automatically recognize holograph wills — handwritten, unwitnessed wills are not valid under the standard rules.

However, WESA Section 58 provides a safety net. A court can validate a document that doesn't meet the formal requirements if it's satisfied the document:

• Was intended to be the will-maker's will (or an alteration to a will)
• Represents the will-maker's testamentary intentions

Section 58 has been used to validate handwritten notes, unsigned drafts, and even communications on electronic devices. But it requires a court application after death, which costs money, takes time, and is not guaranteed.

Risks of writing your own will

The biggest risks aren't about legality — they're about content:

Ambiguous language

"I leave my property to my children equally." Sounds clear. But does "property" mean the house, or all assets? Does "equally" mean equal shares of everything, or equal total value? If one child lives in the house, do they get bought out? Lawyers draft with precision to avoid these disputes.

Missing provisions

• What if a beneficiary dies before you? (Lawyers include "alternate beneficiary" clauses)
• What if you acquire new assets after writing the will?
• What happens to assets you didn't specifically mention?
• Did you include a residuary clause (catches everything not specifically mentioned)?

Failing to revoke the old will

A new will should explicitly revoke all previous wills. Without this, courts may need to reconcile conflicting documents.

Not accounting for WESA

BC-specific rules that DIY will-makers often miss:

• Spouses and children can vary your will — leaving them nothing may not stick. How wills variation works
• Common-law partners (2+ years) are spouses under WESA
• Beneficiary designations on RRSPs/TFSAs override your will. Details here
• Joint tenancy property passes outside the will

When a DIY will is reasonable

• Your estate is simple: one spouse, shared children, standard assets
• You have no business interests
• You're not trying to disinherit anyone
• You have no property in other jurisdictions
• You understand and follow the witness requirements precisely

When you should hire a professional

• Blended family or children from different relationships
• Business ownership
• Real estate in multiple provinces or countries
• High-value estate where tax planning matters
• Desire to set up trusts (for children, special needs, etc.)
• Concern about a potential will challenge
• Any uncertainty about the rules

See our cost comparison: How Much Does a Will Cost in BC?