Do I Need a Will in BC? What the WESA Actually Requires

The short answer: if you own anything, care about who gets it, or have people who depend on you, yes — you need a will in BC. Without one, the province's Wills, Estates and Succession Act (WESA) decides everything for you, and its defaults may not match your intentions at all.

This guide explains what WESA actually says, when you are most at risk without a will, and what else you need beyond a will to cover incapacity scenarios. It is written for BC residents — not a general Canadian guide — because BC's rules differ meaningfully from other provinces.

What Is WESA and Why Does It Matter for BC Residents?

WESA — the Wills, Estates and Succession Act — is the BC legislation that governs how wills are made, how estates are administered, and how assets are distributed when someone dies. It came into force in 2014, replacing several older statutes, and it introduced some significant changes that many BC residents are unaware of.

A few WESA-specific rules worth knowing:

• Spouses do not automatically get everything. If you have a spouse and children from a prior relationship, WESA splits your estate between them according to a statutory formula — your spouse does not receive 100% by default.
• Common-law partners are treated as spouses. Under WESA, a person who has lived with you in a marriage-like relationship for at least two years is considered a spouse for inheritance purposes. This can create unintended results if you have not updated your will after a relationship change.
• Wills can be varied by the court. BC's wills variation provisions allow a spouse or child to apply to the court to vary a will if they were not adequately provided for. This is a BC-specific right that does not exist in most other provinces.
• Intestacy rules are rigid. If you die without a will, WESA's intestacy rules apply in a fixed order: spouse, then descendants, then parents, then siblings. If you want anything different — a gift to a friend, a charity, a specific family member — you need a will.

When Do BC Residents Most Need a Will?

Estate planning is one of those things people delay until a triggering event forces the issue. Here are the situations where the absence of a will creates the most risk:

You have a blended family or prior relationship

If you have children from a previous relationship and a current spouse, WESA's intestacy formula will divide your estate between them in proportions you may not intend. A will lets you specify exactly what each person receives and avoids a situation where your current spouse and your children from a prior relationship are in conflict over your estate.

You own real property in BC

Real estate in BC does not automatically transfer to a surviving spouse unless it is held in joint tenancy with right of survivorship. If you own property as tenants in common — which is common in investment properties and some family arrangements — your share passes through your estate. Without a will, that share goes through intestacy, which may not be what you intended.

You are a founder or business owner

If you own shares in a corporation, those shares are estate assets. Without a will, they pass through intestacy and may end up with people who have no interest in or ability to run the business. A well-drafted will can direct shares to the right person, trigger a buy-sell agreement, or give an executor the authority to manage the business during estate administration.

You have minor children

A will is the only place you can name a guardian for your minor children. Without one, the court decides. You can also use a will to establish a trust that holds assets for your children until they reach a specified age, rather than having them receive a lump sum at 19 (BC's age of majority).

Common Reasons People Delay — and Why They Are Wrong

"I'm too young." WESA does not have an age requirement for dying. Accidents, illness, and sudden events affect people at every age. The average age of someone making their first will in Canada is 44 — but the average age of someone who wishes they had made one sooner is much younger.

"I don't have much." You do not need significant assets to benefit from a will. Even modest estates — a car, a bank account, personal belongings — can create family conflict if there is no clear direction. And if you have any digital assets (crypto, online accounts, intellectual property), those need explicit direction too.

"My spouse will get everything anyway." Under WESA, this is not guaranteed. If you have children from a prior relationship, if your property is held as tenants in common, or if your estate is complex, your spouse may not receive what you intended without a will.

"It's expensive." A lawyer-drafted will in BC typically costs $400–$800 for a simple estate. A contested intestacy can cost tens of thousands. The math is not complicated.

Incapacity Planning: What a Will Cannot Do

A will only takes effect when you die. It does nothing to protect you if you become incapacitated — through illness, accident, or cognitive decline — while you are still alive. For that, BC law provides two separate instruments:

Enduring Power of Attorney (POA)

A Power of Attorney under BC's Power of Attorney Act authorizes someone (your "attorney") to manage your financial and legal affairs. To be "enduring" — meaning it survives your incapacity — it must be executed with specific formalities, including signing in front of two adult witnesses (or one notary/lawyer). A POA that does not meet these requirements becomes void the moment you lose capacity, which defeats its entire purpose.

Representation Agreement (RA)

A Representation Agreement authorizes someone to make personal care and health decisions on your behalf — medical treatment, living arrangements, and end-of-life care. BC has two types: a Section 7 RA (limited authority, simpler requirements) and a Section 9 RA (full authority, requires a monitor or notary). Without an RA, your family may need to apply to the court for a committeeship order to make decisions on your behalf — a process that can take months and cost thousands of dollars.

Most BC estate planning lawyers recommend making all three documents together: a will, an enduring POA, and a Representation Agreement. They cover different scenarios and together provide comprehensive protection.

When You Need a Real Lawyer, Not a Template

Legal document templates are appropriate for straightforward situations. Stop and call a BC estate lawyer if any of the following apply:

• Your estate includes a business, professional corporation, or complex investment structure
• You have a beneficiary with a disability who receives government benefits (a poorly drafted inheritance can disqualify them)
• You are in a blended family situation with competing interests between a spouse and children from a prior relationship
• You own real property in multiple provinces or countries
• You want to disinherit a spouse or child (BC's wills variation provisions make this legally complex)
• You have significant assets subject to US estate tax (affects Canadians with US property or US citizenship)
• You are making a testamentary trust for minor children with specific conditions

For these situations, a template is not enough. See our Need a Lawyer page for guidance on finding a BC estate lawyer.

Frequently Asked Questions