Writing a will is one of the most important steps in protecting your wishes and providing for your loved ones after you pass away. In British Columbia, a properly drafted will helps make sure your assets are distributed according to your instructions and that the process is as smooth as possible for your executor and beneficiaries. Unfortunately, many people make avoidable mistakes when creating their wills. These errors can cause delays, disputes, and even result in the will being challenged or declared invalid.
The good news is that with some guidance, you can avoid these common pitfalls. Here are some of the mistakes people often make when writing a will in BC and how to avoid them.
Not Following Legal Requirements
A will must meet certain legal standards in British Columbia to be valid. The Wills, Estates and Succession Act (WESA) sets out the rules. For most wills, the person making the will must be at least nineteen years old and mentally capable of understanding the consequences of their decisions. The will must be in writing, signed by the will-maker, and witnessed by two people who are both present when the will is signed.
If these requirements are not met, the will may be rejected by the court. While BC courts can sometimes fix minor technical issues under WESA, relying on that process is risky and can create unnecessary complications. Ensuring your will is properly prepared and witnessed from the start is the best approach.
Using Unclear or Vague Language
A will should clearly state your wishes. If the wording is vague, open to interpretation, or contradictory, it can lead to confusion among beneficiaries and even court disputes. For example, saying that you want to leave “my savings” to someone without specifying which accounts or amounts can cause uncertainty.
Being specific about what you are leaving, who you are leaving it to, and how it should be divided can prevent misunderstandings. Using clear, plain language is key. Avoid informal notes or verbal promises, as they are not legally binding.
Forgetting to Name an Executor or Alternate
An executor is the person who will carry out your wishes and handle your estate after you pass away. If you do not name an executor in your will, the court will need to appoint one, which can delay the process and may result in someone you would not have chosen taking on the role.
It is also wise to name an alternate executor in case your first choice cannot act due to illness, death, or other reasons. Choosing someone trustworthy, organized, and willing to take on the responsibility is essential.
Not Updating the Will After Life Changes
Life changes such as marriage, divorce, the birth of a child, or the purchase of property can all affect your estate plan. A will that is out of date may no longer reflect your wishes or current circumstances. For example, if you get married after making a will and do not update it, your spouse may have certain rights under BC law that override your previous instructions.
Reviewing your will every few years or after major life events can help keep it current. An updated will ensures your estate is managed according to your most recent wishes.
Overlooking Digital Assets
Today, many people have online accounts, digital files, and even cryptocurrencies that hold personal or financial value. These assets may not be mentioned in older wills, leaving your executor unsure how to handle them.
Including instructions for digital assets in your estate plan ensures that important accounts and files are managed or transferred according to your wishes. While you should not include passwords directly in the will, you can provide secure access instructions through a separate document stored in a safe place.
Failing to Consider Tax Implications
Certain decisions in your will can affect the amount of taxes your estate must pay. For example, leaving property to certain beneficiaries or selling assets as part of the estate settlement process can have tax consequences. Without careful planning, a large portion of your estate could go toward taxes instead of going to your loved ones.
Consulting with a lawyer who understands both estate law and tax planning in BC can help you structure your will in a way that minimizes unnecessary costs.
Not Including a Residual Clause
A residual clause covers everything in your estate that is not specifically mentioned in your will. Without one, any leftover property may be distributed according to BC’s intestacy rules rather than your personal wishes.
A residual clause ensures that any unlisted assets are still passed to the person or people you choose. It also helps prevent partial intestacy, where part of your estate is distributed under the law instead of your instructions.
Trying to Do It All Without Legal Help
While it is possible to create a will on your own, using online templates or handwritten documents, these options often lead to problems. DIY wills may fail to meet BC’s legal requirements, leave out important clauses, or use language that is open to interpretation. They may also overlook unique family situations such as blended families, dependent relatives, or complex assets.
A lawyer can help you create a will that reflects your wishes, complies with BC law, and avoids common mistakes. This small investment can save your loved ones significant stress and expense later.
The Importance of a Well-Crafted Will
A will is more than just a list of who gets what. It is a legally binding document that shapes how your legacy is handled. Taking the time to do it right helps ensure that your loved ones are cared for and that your estate is managed efficiently. By avoiding common mistakes such as unclear wording, missing legal requirements, and failing to update your will, you give your family a clear plan to follow.If you are ready to create a new will or review your current one to make sure it meets BC’s legal standards, the team at Taylor Law Group can help. We guide individuals and families across British Columbia through the estate planning process with clear advice and personalized solutions.
