When to Update Your Will in BC: Life Events That Should Trigger a Review

Most people sign a will and put it away. Your life keeps moving, though, and a will that suited you ten years ago can leave property to the wrong person, name an executor who can no longer act, or overlook assets that pass outside it.

This guide lists the life events that should prompt a review, explains the BC rules that change how a will works without anyone touching it, and sets out what an update usually involves.

Some changes reach your will without you touching it

BC's Wills, Estates and Succession Act (WESA) came into force on March 31, 2014. It applies to the will of anyone who dies on or after that date, whenever the will was signed, and two of its rules matter most when you are deciding whether to update.

Separation can cancel gifts to your spouse

Under section 56 of WESA, a gift in your will to your spouse is treated as revoked when the spousal relationship ends. That covers unmarried partners in a marriage-like relationship as well as married couples. The Province's explanation of the Act says a spouse stops being entitled to inherit as a spouse on the date of separation, not when a divorce is granted. If you later reconcile, the gift does not come back on its own; you would need a new will or a codicil.

The same section also cancels an appointment of your former spouse as executor or trustee, unless your will shows a different intention. It does not touch gifts to your former spouse's relatives, or arrangements made outside your will, so review those separately. A new will removes the doubt.

Marriage no longer revokes a will, with one catch

Under the old law, getting married automatically revoked an existing will. WESA ended that rule, so a will made before a marriage generally survives it. But the Province's guidance is clear that a will already revoked by marriage under the old law is not revived by WESA. If you married before March 31, 2014 and your will predates that marriage, ask a lawyer whether it still stands.

Life events that should trigger a review

Relationships

• Separation or divorce. Beyond section 56, review your beneficiary designations, any jointly owned property, and your power of attorney and representation agreement, which may also name your former spouse.
• Marriage or a new partner. Someone who has lived with you in a marriage-like relationship for at least two years is your spouse under WESA. A will that leaves a spouse or children without adequate provision can be challenged; see our guide to contesting a will in BC. Without a will, your spouse shares in your estate under the intestacy rules.
• A blended family. If you have children from an earlier relationship, a will that leaves everything to a new spouse may not do what you intend for them.

Children and grandchildren

• A new child or grandchild. Check whether your will names beneficiaries individually or as a group, such as "my children", and whether gifts to young beneficiaries are held in trust until a sensible age.
• Guardians. BC's Family Law Act allows a parent who is a guardian to appoint, in a will, someone to become the child's guardian when the parent dies. If you have young children and no appointment, or the person you chose is no longer the right fit, update it.

The people you have named

• An executor, trustee or guardian dies, becomes unwell, moves away or falls out with you. Name an alternate. An executor living outside BC can make administering a BC estate more cumbersome.

Moves, property and business

• Moving to or from BC. The rules on wills, spouses and estate administration differ between provinces and countries. If you moved here with a will made elsewhere, or own property in more than one place, have it reviewed.
• Buying or selling property. A will that gives away a specific property you no longer own may not work as intended. Property held in joint tenancy generally passes to the surviving joint owner rather than under your will, so how you take title matters.
• Starting, buying or selling a business. Your will should say who receives your shares and who can deal with them, and it should fit any shareholders' agreement.
• A significant change in your assets. An inheritance, a sale or a fall in value can make fixed-dollar gifts too large or too small relative to the rest of the estate.

Beneficiary designations

• Registered plans, pensions and life insurance. These often pay a named beneficiary directly, outside your estate. Under WESA, a designation for a benefit plan can be made or changed in a will only if the will refers expressly to the plan. Revoking a will revokes beneficiary designations contained in that will. Designations made separately in plan documents generally remain effective unless properly changed or revoked. Review your designations whenever you update your will.

Electronic wills and keeping the current one findable

Since December 1, 2021, BC has recognized electronic wills in the same way as paper wills. The Province's guidance says unaltered electronic copies of an electronic will count as originals, while a printout is treated like a photocopy.

You can also file a wills notice with BC Vital Statistics recording where your will is kept. Vital Statistics does not keep a copy or record its contents. If you move your will or change it with a codicil, you need to file a new notice, and it makes sense to do the same when you sign a new will.

Replace the old will properly

Under section 55 of WESA, acts such as burning or tearing a will with the intention of revoking it can revoke it, and a court can recognize other acts that show that intention. That flexibility is a reason for care, not a shortcut. Crossing out lines or writing changes by hand on a signed will invites a dispute about what you meant.

The cleaner route is a new will that revokes earlier wills, or a properly signed codicil for a small change. Either way the signing formalities matter; our guide to making a valid will in BC covers them. There is no legal schedule for reviews, but a quick read every few years and a proper review after any event above will keep your will doing what you want.

Has your life changed since you signed your will?

Our wills and estate planning lawyers can review your current will, beneficiary designations and powers of attorney, and prepare a new will or codicil that reflects where things stand now.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.