Your First Wills Appointment in BC: What to Bring and Decisions to Make

Most people put off making a will because it feels like a big task. In practice, the work is mostly gathering information and thinking through a handful of decisions, and much of that can be done before you sit down with a lawyer.

This checklist sets out what to bring to a first wills appointment in BC, the questions you will be asked, and how the will is signed so that it is valid. Keep it handy: the same list is useful each time you come back to update your will.

Information about you and your family

Your lawyer needs an accurate picture of your family, because BC law gives some family members rights that a will cannot simply ignore. Bring:

• your full legal name, any other names you have used, and your date of birth;
• your marital status, including any past marriages or marriage-like relationships, and the date of any separation;
• the full names and ages of your children, including stepchildren and any children from earlier relationships;
• names and contact details for anyone else you want to benefit or appoint;
• a copy of any existing will, marriage agreement, cohabitation agreement or separation agreement.

Why it matters: under section 60 of the Wills, Estates and Succession Act (WESA), a spouse or child who is not adequately provided for can ask the court to vary the will. If you plan to leave someone out or give them less, your lawyer will want to discuss the reasons and how to document them.

A list of your assets and debts

You do not need exact values, but a reasonable list helps your lawyer see what the will controls and what passes outside it. Include:

• real estate, and how title is held (for example, joint tenancy or tenancy in common);
• bank and investment accounts, and whether any are joint;
• RRSPs, RRIFs, TFSAs, pensions and life insurance, with the beneficiary designations you have made;
• shares in a private company or interests in a business, along with any shareholders' or partnership agreement;
• property outside BC;
• significant debts, such as a mortgage or line of credit.

Assets held in joint tenancy and accounts or policies with a named beneficiary often pass outside the will. Our article on joint tenancy and tenancy in common explains the difference. If you own a business, read what happens to company shares when an owner dies before your appointment.

Decisions to think through before you arrive

You do not need final answers, but a first view on each of these makes the meeting far more productive.

Who will be your executor?

Your executor gathers your assets, pays debts and distributes the estate. Think about a first choice and a backup, and whether they are organized, available and willing. Our article on choosing an executor covers the trade-offs.

Who receives what?

Think about specific gifts (a sum of money, a family heirloom, a property) and who receives the residue, which is everything left after debts, expenses and specific gifts. Consider what should happen if a beneficiary dies before you.

Who will care for your children?

Under section 53 of the Family Law Act, a child's guardian can appoint a person to be the child's guardian on the guardian's death, including in a will. If you have children under 19, name a first and backup choice. Our article on naming a guardian in your will explains how this works.

When should children inherit?

If a beneficiary is a minor or may not be ready to manage money, a trust in your will can hold their share until a set age. Think about the age and who should act as trustee.

Documents that often go with a will

A will only speaks on death. Many people sign related documents at the same time:

• an enduring power of attorney, so someone can manage your finances if you lose capacity;
• a representation agreement for health and personal care decisions;
• updated beneficiary designations on registered plans and insurance.

Our article on estate planning documents in BC summarizes each one.

How the will is signed

Section 37 of WESA sets the formal requirements. A will must be in writing (an electronic will counts) and signed at its end by you, in the presence of two or more witnesses who are present at the same time. The witnesses must then sign in your presence. A will-maker must be at least 16 and mentally capable.

Two rules about witnesses are worth knowing before the signing day:

• Witnesses must be 19 or older. This is set by section 40 of WESA.
• Do not use a beneficiary as a witness. Under section 43, a gift to a witness, or to a witness's spouse, is void unless a court orders otherwise. The rest of the will still stands, but that gift may fail.

After signing, you can file a wills notice with BC Vital Statistics recording where your original will is kept. Vital Statistics does not keep a copy of the will or record its contents.

Coming back to update your will

Life changes can affect an existing will. Under section 56 of WESA, if you and your spouse stop being spouses after the will is made, gifts to that spouse and their appointment as executor are generally revoked, unless the will shows a contrary intention. Marriage, a new child, a home purchase, a new business or a move can each call for a fresh look. Bring this checklist back each time: most of the information will already be familiar.

Ready to make your will? Book a first appointment

Our wills and estate planning lawyers can take you through these decisions, prepare a will and related documents that fit your family and assets, and arrange signing that meets BC's witnessing rules.

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