Do I Need a Will in British Columbia?
BC doesn't require you to have a will — but dying without one hands every decision to the province. Here's what that means for your family.
Key Takeaways
- No law requires a will in BC, but without one, WESA's intestacy rules control your estate
- A will lets you name guardians for minor children — without one, a court decides
- Common-law couples face unique risks without a will
- Even simple estates benefit from a basic will
- A will can significantly reduce probate costs and family conflict
The short answer
British Columbia does not legally require you to have a will. You won't be fined, penalized, or charged for not having one. But here's the problem: if you die without a will — what the law calls dying intestate — the province decides what happens to everything you own, who raises your children, and who manages the process.
The rules are laid out in the Wills, Estates and Succession Act (WESA), which has been BC's governing estate law since 2014. WESA replaced the older Wills Act and Estate Administration Act and modernized how BC handles estates, including recognizing common-law partners.
What a will actually does
A will is a legal document that does several things at once:
- Names an executor — the person responsible for managing your estate, paying debts, and distributing assets
- Specifies who gets what — your property, money, investments, and personal belongings go to the people you choose
- Names a guardian for minor children — if both parents die, the will states who should care for them
- Can reduce probate fees — certain estate planning strategies in a will can minimize the fees your estate pays
- Expresses your wishes — funeral arrangements, charitable gifts, and personal requests
What happens without a will in BC
Without a will, BC's intestacy rules kick in. Here's a simplified breakdown of how assets are distributed:
| Your situation | Who inherits under WESA |
|---|---|
| Spouse, no children | Spouse gets everything |
| Spouse + children (all with that spouse) | Spouse gets everything |
| Spouse + children from another relationship | Spouse gets the first $150,000 + 50% of the rest; children split the other 50% |
| Children, no spouse | Children share equally |
| No spouse or children | Parents, then siblings, then extended family in order |
| No family at all | The estate goes to the BC government |
For a deeper look at intestacy, see our guide: What Happens If You Die Without a Will in BC?
Why common-law couples need a will
WESA gives common-law partners (after 2 years) similar intestacy rights to married spouses. That sounds protective, but there's a catch: without a will, the surviving partner may need to prove the relationship existed. This can mean court proceedings, affidavits, and disputes with other family members — all while grieving.
A will removes this ambiguity entirely. You name your partner. It's clear.
Why parents need a will
If you have minor children, a will is where you name their guardian — the person who will raise them if both parents die. Without this, a court appoints someone based on what it considers to be in the child's best interest. The judge may not choose the person you would have.
The guardianship question alone is often the strongest reason for young parents to get a will, even if they own very little.
What about digital assets?
Your online accounts, cryptocurrency, social media, and digital files are part of your estate. Without a will that addresses digital assets or at minimum names an executor who can manage them, access to these accounts can be extremely difficult for your family to obtain.
BC law is still evolving in this area, but a will that names a tech-savvy executor and includes instructions for digital assets is far better than silence.
When a simple will is enough
Not every situation requires a complex estate plan. A straightforward will is often sufficient if you:
- Have a clear list of beneficiaries (spouse, children, family)
- Own a home, vehicle, and standard financial accounts
- Have one spouse or partner (no blended families)
- Don't own a business
- Don't have significant tax planning needs
When you need more than a basic will
Consider consulting a lawyer for more complex estate planning if you have:
- A blended family with children from different relationships
- Business ownership or partnership interests
- Property in multiple provinces or countries
- A high-value estate where tax planning matters
- A family member with special needs who requires a trust
- Concerns about a potential will challenge
Frequently asked questions
Is a will legally required in BC?
No. British Columbia does not legally require you to have a will. However, dying without one means the province decides how your assets are distributed under WESA's intestacy rules, which may not match your wishes.
What happens to my children if I die without a will in BC?
Without a will naming a guardian, the court decides who cares for your minor children. This process can be lengthy and may not result in the person you would have chosen.
Do I need a will if I'm young and don't own much?
Yes. A will covers more than property — it names guardians for children, specifies who handles your affairs (executor), and can include digital assets, insurance beneficiaries, and personal wishes. Even a simple will prevents your family from navigating intestacy rules.
Do common-law partners in BC need a will?
Especially. Common-law partners have intestacy rights under WESA after 2 years, but proving the relationship after death can require court proceedings. A will removes ambiguity and protects your partner directly.