Wills

A Will is a legal document that sets out who will administer your estate, who will look after your children and how your assets, property and personal effects will be distributed upon your death.

In a Will, you:

• Appoint an Executor
• Appoint guardian(s) for your minor children
• Identify the beneficiaries whom you have chosen to benefit from your estate
• Set out instructions as to when and what each of your beneficiaries will receive

In British Columbia, the following are necessary to be a valid Will:

• The will must be in writing
• The will must be signed by you in the presence of at least 2 witnesses, at the same time, who in turn will each sign your will in your presence and in the presence of the other witness
• The witnesses must be of the age of majority and cannot be a beneficiary named in the will or spouse of a beneficiary
• You must have legal capacity
• You cannot be a minor (unless you are married or a member of Canada’s Armed Forces (Section 5 of the Wills act)

Holograph wills are not legally valid in British Columbia. A holograph will is one that is completely written in your own hand writing and then signed only by you. It does not need to be witnessed by anyone. The only exception is for a member of Canada’s Armed Forces (Section 5 of the Wills act)

Contact Stephen Miller for questions regarding a Will.

Located in: Wills & Estates