BC Will Form Generator

⚠ CRITICAL LEGAL NOTICE & DISCLAIMER ⚠

PLEASE READ THIS BEFORE PROCEEDING TO DOWNLOAD THE TEMPLATE.

1. NOT A LAW FIRM / NO LEGAL ADVICE

WiseWill.ca is NOT a law firm, nor a provider of legal services or legal advice. The free Will template provided is intended solely for general informational and educational purposes to demonstrate the structural components of a simple Will under the laws of British Columbia. Your use of this template **DOES NOT** create a solicitor-client relationship. We do not provide legal opinions or recommendations.

2. ASSUMPTION OF RISK (LIMITATION OF LIABILITY)

YOU ASSUME ALL RISK. The template is provided “AS IS” and “AS AVAILABLE” without any express or implied warranty. WiseWill.ca expressly disclaims any and all liability for any damages or legal claims arising from the use or inability to use this template or any information provided herein.

3. USER RESPONSIBILITY & BC WESA COMPLIANCE

The validity of your Will in British Columbia is entirely your responsibility.

Execution: Under the BC Wills, Estates and Succession Act (WESA), a Will requires strict adherence to signing and witnessing rules.
Suitability: This basic template is not suitable for: blended families, complex or large estates, foreign assets, or situations involving potential Will variation claims.

4. MANDATORY RECOMMENDATION

We strongly and unequivocally recommend that you consult with a qualified BC lawyer or notary public to review your completed document and ensure it fully complies with the WESA and accurately addresses your specific objectives.

By confirming in the pop-up below, you acknowledge that you have read, understand, and agree to the terms of this Disclaimer and our full Terms of Use.

1. Personal Information of Will-Maker (Testator)

Please provide your full legal name, date of birth, and current address. This information is essential for identifying you as the Will-Maker.

Full Legal Name:

Date of Birth:

Current Address:

2. Revocation of Previous Wills

This standard clause ensures that any Wills you have made in the past are legally cancelled and that this document is your most current and valid Will.

Clause: I REVOKE all former Wills and other testamentary dispositions heretofore made by me.

3. Appointment of Executor(s)

Your Executor is the person (or people) you trust to manage your estate after your death. They will handle your assets, pay debts and taxes, and distribute your estate to your beneficiaries. Choose someone responsible and trustworthy. You can appoint one or two executors. If you appoint two, consider if they should act jointly or independently.

Executor 1 - Full Legal Name:

Executor 1 - Address:

Executor 2 (Optional Alternate) - Full Legal Name:

Executor 2 (Optional Alternate) - Address:

4. Appointment of Guardian(s) for Minor Children (Optional)

If you have children under 19 years of age, you can appoint a Guardian to care for them. If you do not have minor children, or do not wish to appoint a guardian in your Will, you can skip this section.

Guardian 1 - Full Legal Name:

Guardian 1 - Address:

Guardian 2 (Optional Alternate) - Full Legal Name:

Guardian 2 (Optional Alternate) - Address:

Do you wish to appoint a Guardian for minor children?

5. Specific Gifts (Bequests)

Here you can list specific items or amounts of money you wish to gift to particular people or organizations. If you have no specific gifts, you can leave this section blank. Otherwise, clearly describe each gift and the full name of the beneficiary.

Specific Gifts (Bequests):

6. Residuary Clause: Distribution of Remaining Estate

This clause is crucial. It specifies who will inherit the *residue* of your estate – that is, everything left over after debts, taxes, and any specific gifts are distributed. Clearly name the beneficiaries who will receive the residue and describe the proportions if dividing among multiple beneficiaries.

Beneficiary(ies) of Residue:

7. Funeral and Burial Wishes (Optional)

This section is for expressing your wishes regarding your funeral arrangements. While not legally binding in the Will itself, it provides important guidance and information to your Executor and loved ones. You can leave this blank if you have no specific wishes or have made other arrangements.

Funeral and Burial Wishes:

Do you wish to include Funeral and Burial Wishes?

8. Optional Powers of Executor

This section allows you to grant additional powers to your Executor, beyond the standard powers granted by law in BC. Granting these powers can sometimes simplify estate administration. If you are unsure, it is generally safe to include these common powers, but consult legal advice if you have concerns.

Specific Powers for Executor (Optional):

Do you wish to include Optional Powers of Executor?

9. Optional Digital Assets Clause

In today\'s world, digital assets can have significant value or personal importance. This section allows you to provide instructions for managing your digital life after your death. Be general in your instructions and avoid listing specific passwords directly in the Will for security reasons.

Digital Assets Instructions (Optional):

Do you wish to include a Digital Assets Clause?

10. Optional Charitable Donations

If you are passionate about supporting charitable causes, you can use this section to specify donations to registered charities. Please include the full legal name and registration number of the charity if possible to ensure accurate donation.

Charitable Donations (Optional):

Do you wish to include Charitable Donations?

11. Governing Law Clause (Recommended)

This is a standard clause in most Wills. It clarifies that your Will is intended to be interpreted and governed by the laws of British Columbia, regardless of where your assets may be located or where your beneficiaries reside.

Governing Law Clause:

GOVERNING LAW: This Will shall be governed by and construed in accordance with the laws of the Province of British Columbia.

Include Governing Law Clause (Recommended)

12. Optional Will Review Reminder

It is good practice to review your Will periodically to ensure it still accurately reflects your wishes and life circumstances. This clause is a non-binding reminder to your beneficiaries to encourage them to review their own estate plans.

Will Review Reminder Clause (Optional):

Do you wish to include a Will Review Reminder Clause?

13. Signature and Witnessing - IMPORTANT - DO NOT SIGN YET

INSTRUCTIONS FOR SIGNING: This Will is not legally valid until it is properly signed and witnessed. Do not sign this document yet. Read these instructions carefully:

Sign in Presence of Witnesses: You must sign this Will in the physical presence of two witnesses who are both present at the same time and who witness you signing.
Witness Requirements: Witnesses must be adults (over 19 years of age) in British Columbia. They cannot be beneficiaries in your Will, nor can they be the spouses or common-law partners of beneficiaries. Witnesses should be individuals who are readily available and can confirm they witnessed your signing if needed in the future.
Will-Maker and Witnesses All Present: All three of you (you and both witnesses) must be in the same room, able to see each other, for the entire signing process.
Will-Maker Signs First: You, as the Will-Maker, must sign the Will first, in the designated space.
Witnesses Sign After: Immediately after you sign, both witnesses must sign the Will in your presence and in the presence of each other, in their designated spaces.
Witness Information: Witnesses should print their names and addresses clearly in the spaces provided.

It is crucial to follow these witnessing rules exactly to ensure your Will is legally valid in British Columbia. If you have any doubts about the witnessing process, consult with a lawyer or notary public before signing.

Will-Maker\'s Signature: _______________________________

(To be signed in front of both witnesses)

Date Signed: _________________________

(Date of signing - to be filled in at time of signing)

Witness 1 - Full Legal Name:

Witness 1 - Address:

Witness 1 Signature: _______________________________

(Witness 1 to sign here, in presence of Will-Maker and Witness 2)

Witness 2 - Full Legal Name:

Witness 2 - Address:

Witness 2 Signature: _______________________________

(Witness 2 to sign here, in presence of Will-Maker and Witness 1)

14. Storage of Your Will

After your Will is correctly signed and witnessed, it is essential to store it safely and securely. Let your Executor(s) know where the original Will is located so they can access it when needed. Consider these storage options:

Safety Deposit Box: A secure option at a bank, but ensure your Executor can access it.
Lawyer or Notary Public: Many law firms and notaries offer Will storage services.
Secure Place at Home: If storing at home, choose a fireproof and waterproof safe or lockbox. Avoid storing it in easily accessible or obvious places.

When to Seek Legal Advice - Re-emphasized

While this form aims to be comprehensive for straightforward situations, there are many circumstances where consulting a legal professional is highly advisable. You should seek legal advice if you have:

Complex Assets: Businesses, multiple properties, significant investments, assets held in trusts, or assets outside of British Columbia.
Complex Family Situations: Blended families, step-children, dependents with special needs, potential family disputes, or if you wish to disinherit a spouse or child.
Estate Tax Concerns: While BC does not have provincial estate tax, there may be federal taxes or cross-border tax implications.
Desire to Create Trusts in your Will: If you wish to establish testamentary trusts for minors, spendthrift beneficiaries, or for other reasons.
Uncertainty or Concerns: If you are unsure about any aspect of Will preparation or have any concerns about potential challenges to your Will.

A lawyer or notary public can provide tailored advice, ensure your Will is legally sound and effective, and help you avoid potential future problems for your loved ones.

Final Step: Mandatory Legal Acceptance

To proceed with generating and printing your Will Form, you must agree to our terms. This step is required because this form is NOT a substitute for professional legal advice.

I have read and agree to the Terms of Use and acknowledge the Critical Legal Notice.

Note: Clicking \'Confirm & Print\' will not save your data on our server.