Writing a will is one of the most important steps you can take to protect your wishes and support your loved ones after you’re gone. But not everyone uses a lawyer or formal document to do it. Some people choose to write their will by hand. This can happen during a health crisis, at the last minute, or simply because the person did not know what else to do. The question is, can a handwritten will hold up in British Columbia?
The short answer is that it might, but it depends on the circumstances. British Columbia has specific rules under the Wills, Estates and Succession Act that set out how a will must be made. Handwritten wills are not automatically invalid, but they must still meet the legal standards required by the law. If they do not, the document could be rejected, leaving your estate to be handled in ways you may not have intended.
Understanding the risks and requirements of handwritten wills can help you make a better decision about how to prepare your estate plan and avoid problems down the road.
What Makes a Will Valid in BC
To be considered legally valid in British Columbia, a will generally must meet the following requirements.
The will must be in writing. It must be signed by the person making the will, known as the will-maker. The will-maker must sign the document in the presence of two witnesses, who must also sign the will in each other’s presence. The witnesses must be adults and cannot be beneficiaries or spouses of beneficiaries under the will.
This is the standard form of will recognized in BC and is the most straightforward to prove in court. These formal requirements are designed to prevent fraud, confirm that the will-maker had the mental capacity to make decisions, and ensure the will reflects their true intentions.
Are Handwritten Wills Legal
A handwritten will, also known as a holograph will, can be legal in some provinces such as Alberta and Ontario. In those jurisdictions, handwritten wills that are signed and dated by the will-maker with no witnesses can still be accepted.
British Columbia does not automatically accept this type of will. A handwritten will that has not been witnessed does not meet the standard legal requirements under the Wills, Estates and Succession Act. However, there is an exception built into the law that gives the courts some flexibility.
Section 58 of the act allows the Supreme Court of British Columbia to recognize a document as a will even if it does not meet all the formal requirements. This is sometimes referred to as the court’s curative power. To use it, the court must be satisfied that the document represents the fixed and final intentions of the deceased person regarding the distribution of their estate.
In other words, a handwritten, unsigned, or unwitnessed will might still be accepted if there is enough evidence that the person truly intended it to be their will. But this is never guaranteed. It usually involves a court application, legal costs, and sometimes arguments between family members over what the person really wanted.
Real Risks of Handwritten Wills
Even though the courts can sometimes validate informal wills, relying on a handwritten will carries real risks. First, if the handwriting is unclear or the instructions are vague, the court may not be able to determine the person’s intent. This could result in parts of the will being disregarded or the entire document being thrown out.
Second, family members who are left out of the will or treated unequally may be more likely to challenge a handwritten will, especially if it was made without legal advice. If someone believes the will-maker was under pressure, not thinking clearly, or did not understand what they were doing, they might argue that the will is invalid.
Third, the process of asking the court to accept an informal will can take time and cost the estate more money. This can delay the administration of the estate and create unnecessary stress for your loved ones.
Lastly, handwritten wills often lack important planning elements, such as naming an executor, choosing a guardian for children, or including backup plans if a beneficiary dies first. These omissions can lead to confusion or even force the court to step in and make decisions on your behalf.
When Might a Handwritten Will Be Accepted
There are situations where a handwritten will might be accepted in British Columbia, especially if it is the only evidence of the deceased person’s wishes. This might happen if someone becomes ill and writes their will quickly before passing away. In these cases, the court will review the content of the will, the context in which it was written, and any other available evidence that supports the claim that this was meant to be a final will.
For example, if a person writes a will by hand, signs it, and tells others about it, a judge may be more likely to recognize it. But this is always a risk. There are no guarantees, and the people left behind will be the ones dealing with the legal process.
A Better Approach: Planning Ahead with Legal Support
While it might be tempting to write a will by hand or use an online template, the safest and most reliable approach is to work with a lawyer. A lawyer will make sure your will complies with the law, includes all necessary provisions, and reflects your true intentions.
A legally sound will protects your family from legal challenges, delays, and unexpected costs. It also allows you to do more than just name beneficiaries. You can appoint an executor, make special gifts, explain your reasoning, and include plans for incapacity or digital assets. These are things that are often missed or miscommunicated in handwritten wills.
At Taylor Law Group, we work with clients across British Columbia to create estate plans that are clear, personalized, and legally secure. We understand that every family is different and that estate planning can feel overwhelming. Our role is to make the process simpler, not more complicated, and to ensure your wishes are carried out as you intend.
Final Thoughts
A handwritten will might seem like a quick solution, but it can create more problems than it solves. In British Columbia, informal wills can only be accepted by the courts under special circumstances. Even then, the process is uncertain and often costly.Taking the time to prepare a valid, well-crafted will is one of the most important things you can do for your family. It provides clarity, reduces the risk of conflict, and ensures your estate is handled with respect. If you are ready to create or review your will, the estate planning team at Taylor Law Group is here to help.
