A will is more than a list of who receives what. It is a practical plan for the people who may need to manage your affairs, care for children, and settle your estate. For Surrey families, a carefully prepared will can make your intentions clearer and reduce avoidable uncertainty when loved ones are already dealing with a difficult time.
British Columbia's Wills, Estates and Succession Act (WESA) sets out rules for making and administering wills. This article provides general information about considerations to discuss when preparing or updating a will in Surrey and the Lower Mainland. The right document depends on your circumstances, assets, family relationships, and the law in force when it is signed.
Start with the people and decisions your will must address
Before choosing wording, take stock of the decisions the will needs to make. Who should receive particular property? Who should manage the estate? Are there children or other dependants whose care or financial support needs to be considered? Are there gifts you want to make to individuals or organizations? A clear list helps reveal gaps before they become difficult questions for an executor.
Make a separate inventory of major assets and liabilities. This might include real estate, bank and investment accounts, private company interests, personal possessions, and debts secured against property. The inventory is a planning aid, not necessarily a list that must be copied into the will. Some assets pass under beneficiary designations, joint ownership arrangements, or other legal mechanisms, and may not be dealt with by the will in the same way as estate property.
Choose an executor who can do the work
The executor, also called the personal representative, is responsible for carrying out the will and administering the estate. Depending on the estate, the work may include locating the original will, identifying assets and debts, communicating with beneficiaries, filing tax returns, applying for a grant of probate where needed, and distributing what remains.
Choose someone trustworthy, organized, and willing to take on the role. Consider whether they can manage the time and paperwork, communicate fairly with family members, and obtain professional help when appropriate. A person can decline the role or be unable to act when the time comes, so naming an alternate executor is worth considering. Discuss the appointment with the person before naming them, and review the choice after major changes in health, location, or family circumstances.
For a complicated estate, a business interest, or family circumstances that may make administration difficult, ask about whether another executor or professional support should be considered. The appointment should fit the likely work, not simply reflect family custom.
Consider guardianship and support for children
If you have minor children, think about who you would want to care for them if you were no longer able to do so. A will can state your choice of a guardian, but the child's best interests and the court's role remain important. Naming a person does not mean the will can settle every future care question automatically. Talk with the proposed guardian and consider practical matters such as the child's relationship with them, location, capacity, and willingness.
Consider how any inheritance for a child should be managed. An outright gift at a young age may not match your intentions. Your will can set out arrangements for a trustee to hold and manage property for a beneficiary, subject to the document's terms and applicable law. The timing and conditions should be drafted carefully, so the person administering the estate can understand what to do.
Make gifts clear and deal with the residue
Specific gifts can include a particular item, a stated sum, or a defined interest in property. Identify the intended recipient clearly and consider what should happen if they die before you or cannot receive the gift. Personal property can be especially prone to misunderstanding if several relatives believe an item was promised to them. A separate, informal list may help communicate preferences, but it should not be assumed to change the legal effect of the will unless properly incorporated or executed.
The residue is what remains after debts, expenses, taxes, and effective specific gifts are addressed. A will should say who receives the residue and what happens if a residuary beneficiary does not survive you. Without a workable residue clause, some property may not pass as you intended and may be distributed under intestacy rules.
Review beneficiary designations on insurance policies, registered plans, and other accounts alongside the will. These designations can affect who receives funds and how much is available in the estate. The documents and designations should be checked together, rather than assuming the will overrides every other arrangement.
Understand family and relationship considerations
Blended families, separation, marriage, common-law relationships, estranged relatives, and dependants can affect estate planning. In BC, a will may be subject to a variation claim by a spouse or child under WESA. The circumstances and statutory requirements matter, and no will can guarantee that a potential claim will never be brought. If you intend to make unequal gifts or exclude a close family member, careful drafting and appropriate supporting records may be particularly important.
Do not assume an older will still reflects your wishes after a major life change. Review it after a birth, death, separation, marriage, relocation, significant asset change, or change in the people you appointed. Ask for legal guidance before making handwritten edits or attaching a note, since an informal change may not have the legal effect you expect.
Follow BC signing requirements carefully
WESA sets formal requirements for a valid will, including requirements concerning the will-maker's signature and witnesses. It also recognizes electronic wills and permits signing and witnessing in electronic presence in specified circumstances. The details matter: the document must be executed in a manner that complies with the applicable rules, and the witnesses, signing process, and final document should be handled consistently.
Witness choices deserve attention. A gift to a person who witnesses a will can raise legal issues, and the validity or effect of a gift may be affected. For a straightforward execution, use appropriate adult witnesses who are not receiving gifts under the will, and arrange the signing so everyone follows the required process. Do not rely on a casual video call or electronic signature platform without confirming that the process satisfies BC requirements for your circumstances.
Courts have a statutory power under WESA to cure certain deficiencies in a document that was intended to be a will, but that possibility is not a substitute for correct preparation and signing. A dispute about whether a document reflects final testamentary intentions can bring cost, delay, and stress for the people left to resolve it.
Keep the original safe and make the plan usable
After signing, store the original will securely and make sure the executor knows where it is. Keep related information, such as the location of account records and contact details for key professionals, in a place the executor can access when needed. Avoid making multiple signed originals or leaving conflicting versions without a clear record of which one is current.
In BC, a Notice of Will can be filed with the Vital Statistics Agency to record where a will is stored. The notice is not the will itself and does not prove that a will is valid, but it can help someone searching for the document after a death. Keep your copy of the signed will and related records current when you move or change storage arrangements.
When to get help preparing or reviewing a will
A do-it-yourself form may not address every issue in a person's circumstances. Professional review is particularly useful where there is real estate, a business, children from different relationships, a beneficiary with support needs, a potential family dispute, property in another jurisdiction, or an intended unequal distribution. A lawyer or notary can help identify issues, explain available choices, and prepare documents that reflect the decisions made.
For Surrey and Lower Mainland residents, preparation is also a chance to coordinate the will with powers of attorney, representation agreements, beneficiary designations, and ownership documents. Those documents address different matters and should work together where possible.
A practical next step
Write down your proposed executor and alternate, intended beneficiaries, major assets, any child-care considerations, and questions about past documents. Bring that information to a meeting so the discussion can focus on your wishes and the decisions that need attention. Review the completed plan after major life or financial changes, rather than waiting for an urgent reason.
This article is for general informational purposes only and does not constitute legal advice. Reading this article, submitting a question, or submitting our client intake form does not create a lawyer-client relationship between you and Law Boutique. For guidance specific to your situation, contact us to arrange a consultation.
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