In British Columbia, anyone over the age of 16 can legally write a will. That means you’re allowed to create one yourself, no lawyer required. But just because you can write your own will doesn’t mean it’s always a good idea.
Wills are legal documents with real consequences. If something is unclear or improperly executed, your family could face costly delays, court battles, or outcomes that don’t reflect your intentions. The risk is even higher if you have a blended family, own property, or want to leave assets to people outside the usual family structure.
At Taylor Law Group, we’ve worked with clients who used handwritten wills, online templates, or store-bought kits, and ended up needing legal help later. In many cases, the cost of fixing problems far outweighed what they would have paid to do it properly from the start.
Here’s what you should know before deciding how to write your will in British Columbia, and when working with a lawyer really makes a difference.
Can You Legally Write Your Own Will in BC?
Yes. Under the Wills, Estates and Succession Act (WESA), a will is considered valid if:
- You are at least 16 years old
- The will is in writing
- It is signed by you
- Two witnesses sign it in your presence (unless it is a handwritten “holographic” will, which is not officially recognized in BC unless saved by a court order)
But just meeting those legal requirements doesn’t mean your will is complete or enforceable in the way you intend. That’s where things can get complicated.
Common Pitfalls of DIY Wills
1. Unclear Language or Contradictions
Wills must be precise. A phrase that seems simple to you can be interpreted differently in court. For example, “I leave everything to my children”, does that include stepchildren? What if a child has died?
2. Invalid Signing or Witnessing
Many people accidentally invalidate their own will by not signing it properly. Witnesses must be present at the same time and cannot be beneficiaries. If someone who stands to inherit signs as a witness, their gift may be void.
3. Leaving Out Key Roles
A complete will should name:
- An executor (to manage your estate)
- A guardian (if you have minor children)
- Alternate choices in case your first picks cannot act
DIY wills often skip these steps or forget to include backup plans.
4. Not Accounting for Specific BC Laws
BC has unique estate laws, including specific probate fees, spousal rights, and rules around excluded family members. Online templates or kits often use generic language that doesn’t align with BC legislation.
5. Failing to Plan for Probate
A will doesn’t avoid probate, but it can help the process go faster and smoother. A poorly written or vague will may delay probate or trigger disputes among beneficiaries.
When a Lawyer Makes Sense
While a simple estate could technically be handled without a lawyer, most people benefit from legal advice, especially in the following situations:
You Own Real Estate
Property ownership adds complexity. You’ll need to consider whether it’s jointly held, in your name only, or if it has a mortgage. A will should clearly state who inherits and what happens if that person cannot receive it.
You Have a Blended Family
If you have a spouse and children from a previous relationship, your estate plan needs to account for potential conflicts and claims. Without clear instructions, loved ones may be left out or tied up in court.
You Want to Exclude a Family Member
BC law allows spouses and children to challenge a will if they feel they were unfairly left out. A lawyer can help you include the proper reasoning and documentation to support your decision.
You Want to Leave Gifts to Friends or Charities
Leaving part of your estate to non-relatives should be clearly outlined with full legal clarity. This helps prevent disputes and delays during probate.
You’re Appointing a Guardian for Children
The court gives strong weight to your wishes when appointing a guardian, but only if they’re legally documented. This step should not be skipped or left vague.
You Have a Business or Investments
If your estate includes shares, private businesses, rental properties, or trusts, your will needs to coordinate with those structures to avoid tax issues or legal confusion.
What Does a Lawyer Actually Do When Drafting a Will?
An estate lawyer doesn’t just fill in blanks on a form. At Taylor Law Group, our process includes:
- A clear discussion of your family structure and goals
- Help identifying what assets are part of your estate
- Advice on choosing an executor, guardian, or trustee
- Careful drafting of your will with precise legal language
- Step-by-step support for signing and witnessing
- Guidance on what to do if your situation changes
We also store signed copies and offer support for future updates, because your estate plan should grow with your life.
What About Will Kits and Online Services?
Will kits can be tempting, especially when they cost less than a dinner out. But they are often too basic for real-world situations.
Most are one-size-fits-all, written for different jurisdictions or outdated laws. Some may not even be valid in British Columbia without changes. If you use a template, you’ll still be on the hook for making sure it complies with BC’s legal requirements, and that’s where mistakes are easy to make.
Online services that claim to generate custom wills often rely on automated systems. They may not ask follow-up questions or explain legal consequences the way a lawyer would.
Peace of Mind Is Worth It
A will isn’t just about assets. It’s about the people you care about, and the choices you want to leave behind. A legally sound will gives your family clear direction, avoids unnecessary delays, and helps keep the peace during a difficult time.
Getting help from a lawyer may cost more upfront, but it can save your estate thousands in legal fees, taxes, and delays later. More importantly, it protects your intentions, and that’s something no generic document can guarantee.
Final Thoughts
You’re allowed to write your own will in British Columbia, but for most people, it’s not worth the risk. A lawyer helps you do more than check a box, they help you make decisions that truly reflect your life and the people in it.
If you’re unsure where to start or you’ve been putting it off, we’re here to help. At Taylor Law Group, our experienced estate planning lawyers make the process clear, thoughtful, and built around you.
Let’s take that first step together.
