How Do You Update Your Will in BC: Key Steps and Legal Requirements
Updating your will is an important part of maintaining an effective estate plan, especially when major life events—such as marriage, divorce, the birth of a child, or acquiring significant assets—occur.
In British Columbia, specific legal requirements must be followed to ensure that any changes to your will are valid and enforceable. Whether you are making small updates through a codicil or preparing an entirely new will, it is essential to understand the proper process.
This article outlines the key steps and legal considerations involved in updating your will in BC.
Legal Requirements for Updating a Will in BC
You must follow specific legal steps when changing your will in British Columbia. Updates are valid only if they meet the same formal standards as a new will, including who can make changes, how they are made, and how they are signed and witnessed.
Who Can Update a Will
You can update your will if you are at least 16 years old and have the mental capacity to understand what the changes mean. This includes knowing what property you own, who benefits from your estate, and the impact of your decisions.
If you lose mental capacity, you cannot legally amend your will. In such cases, a court-appointed committee or representative cannot change it on your behalf. Only you, while capable, can make those changes.
Minor updates—such as changing an executor or adding a beneficiary—can be made through a codicil, which is a document that amends part of your will. A codicil must meet the same legal standards as a will to be valid in BC.
Formalities for Valid Amendments
In British Columbia, any amendment to a will must follow the Wills, Estates and Succession Act (WESA). You can either create a codicil or draft an entirely new will. A codicil is best for small changes, while a new will is recommended for major updates.
The document must be in writing, signed by you, and clearly express your intent to change the original will. Handwritten notes or informal updates are rarely accepted unless they meet WESA’s formal requirements.
The Parr Business Law guide notes that failing to follow these formalities can make your changes unenforceable. To avoid confusion, clearly identify which sections of the original will are being replaced or added.
Witnessing and Signing Rules
Your updated will or codicil must be signed in the presence of two witnesses, both present at the same time. Each witness must also sign the document in your presence. Witnesses cannot be beneficiaries or spouses of beneficiaries, or the gifts to them may be void.
You may sign by hand or, in limited circumstances, use an electronic signature if it meets BC’s legal standards. The Province of British Columbia confirms that proper witnessing ensures your will’s validity and helps prevent disputes after death.
Keep the signed document in a safe place and inform your executor where to find it.
Methods for Changing Your Will
You can update your will in several lawful ways, depending on the type and extent of changes you need. Each method must meet the same legal standards as a valid will in British Columbia, including proper signing and witnessing. Choosing the correct approach helps ensure your updated wishes are clear and enforceable.
Making a Codicil
A codicil is a legal document that amends part of your existing will without replacing the entire document. It is most useful for small updates, such as changing your executor, adjusting a beneficiary’s name, or adding a new gift.
To be valid, a codicil must meet the same formal requirements as a will. You must sign it in the presence of two witnesses, who also sign it in your presence. The witnesses should not be beneficiaries or spouses of beneficiaries to avoid conflicts of interest.
Codicils are often prepared by a lawyer to ensure accuracy and compliance with provincial law. Codicils are practical when you only need minor updates. However, if you make many changes, it can become confusing to track multiple codicils, and a new will may be more effective.
Drafting a New Will
Creating a new will fully replaces your previous one. This method is best when you want to make major changes, such as adding or removing beneficiaries, changing how your estate is divided, or updating after marriage or divorce.
When drafting a new will, you must clearly state that it revokes all previous wills and codicils. This prevents confusion and ensures only the latest version is legally valid. You should destroy old copies to reduce the risk of mix-ups.
A lawyer can help ensure the new document follows all legal requirements and reflects your current intentions.
Revoking an Existing Will
You can revoke your will in several ways under British Columbia law. The most common methods are:
If you destroy your will, you must do it intentionally and voluntarily. Accidental damage does not count as revocation.
You should also update your Wills Notice with the BC government if you change or move your will’s location. This ensures the registry reflects your most current document and helps your executor locate it when needed.
When to Update Your Will
Your will should accurately reflect your current life, relationships, and financial situation. Major personal changes or shifts in your assets can make your existing will outdated and less effective in carrying out your wishes.
Life Events Requiring Updates
Certain life events often require you to review and revise your will. Marriage, divorce, or entering a new common-law relationship can affect how your estate is distributed. In British Columbia, marriage does not automatically cancel a will, but it’s still essential to ensure it reflects your new circumstances.
You should also update your will when you have a child, adopt, or gain new dependants. This allows you to name guardians and adjust inheritances. Similarly, if a beneficiary or executor dies, you should make changes to keep your will valid and enforceable.
Other events, such as moving to another province or country, can affect the legal interpretation of your will. Reviewing your will after these changes helps ensure it complies with current laws and reflects your intentions.
Changes in Assets or Liabilities
Significant changes to your financial situation also call for an update. If you buy or sell major assets—such as a home, business, or investment—you should revise your will to include or remove these items.
Debt changes matter too. If you take on large loans or pay off major debts, the value of your estate changes. Updating your will ensures fair distribution among beneficiaries.
You should also review your will if you receive an inheritance or experience a major financial windfall. Adjusting your estate plan after these events helps maintain balance and clarity in how your property is divided.
Steps to Update Your Will in BC
Updating your will in British Columbia ensures your estate plan matches your current circumstances. You should review your existing document, seek professional guidance when needed, and follow the legal process to make the update valid.
Reviewing the Current Will
Start by reading your existing will carefully. Look for sections that no longer reflect your wishes, such as outdated beneficiaries, executors, or property details. Life changes like marriage, divorce, or the birth of a child often require revisions.
Make a checklist of what needs to change. Include details such as new asset ownership, relocation to another province, or updates to guardianship arrangements.
In British Columbia, a will remains legally valid until you revoke or replace it, but an outdated document can lead to confusion or conflict after your death. Reviewing it regularly helps prevent disputes and ensures your estate reflects your current intentions.
Consulting a Legal Professional
Consulting a lawyer or notary experienced in estate law helps you understand how changes affect the legal validity of your will. A professional can confirm that your updates meet the requirements of the Wills, Estates and Succession Act (WESA).
You may also discuss whether to create a new will or use a codicil, which is a legal document that amends specific sections. Each option has different implications for cost, clarity, and record keeping.
A legal professional can also identify potential challenges, such as unclear wording or conflicting instructions. This step reduces the risk of your will being contested later.
Executing the Update
Once you finalise your changes, you must execute the updated will properly. In BC, this means signing the document in the presence of two witnesses who are not beneficiaries. Each witness must also sign in your presence.
If you choose to make a new will, destroy all previous versions to avoid confusion. Keep the new document in a secure location, such as a safety deposit box or with your lawyer.
You can also make updates electronically under BC’s current laws, provided you follow the province’s electronic will requirements.
Common Mistakes to Avoid When Updating a Will
When you update your will, small errors can cause confusion or make parts of your will invalid. Paying attention to details helps ensure your wishes remain clear and legally sound.
1. Failing to follow legal formalities
In British Columbia, your will must meet certain signing and witnessing requirements. Missing a signature or using improper witnesses can make your will invalid.
2. Making handwritten or verbal changes
Adding notes or making verbal updates does not legally change your will. You must use a formal amendment, called a codicil, or create a new will.
3. Forgetting to revoke old versions
If you make a new will but do not clearly revoke earlier ones, multiple versions may cause conflict. Always state that the new will replaces all previous versions.
4. Overlooking life changes
Major events such as marriage, divorce, or the birth of a child require updates. Failing to revise your will after these changes can leave your estate plan outdated.
Implications of Not Updating Your Will
If you do not update your will, your estate plan may no longer reflect your current wishes. Outdated instructions can cause confusion and conflict among your beneficiaries. Neglecting updates can affect both your financial legacy and your family’s emotional well-being.
Major life changes—such as marriage, divorce, or the birth of a child—often require revisions. If your will fails to include new family members or remove former partners, your estate may not be distributed as you intend. This can lead to legal disputes and delays in settling your affairs.
You should also consider changes in property ownership or business interests. If your will lists assets you no longer own or omits new ones, your executor may face difficulties carrying out your instructions.
Legal professionals note that changes in British Columbia’s estate laws or tax rules may also require updates. Regular reviews help ensure your will remains valid and effective under current regulations.
Storing and Communicating Your Updated Will
After updating your will, you must store it safely and make sure the right people know where to find it. A misplaced or hidden will can cause confusion and delay the administration of your estate.
Keep only one valid version of your will. Destroy or clearly mark older versions as invalid to avoid confusion.
Communicating with Executors and Beneficiaries
Inform your executor about the will’s location and how to access it. Provide contact details for your lawyer or the service that holds the document.
You do not need to share every detail with beneficiaries, but you should confirm that your executor understands your wishes and responsibilities.
Regular Reviews
Review your storage arrangements every few years or after major life changes. Keeping your will current ensures it reflects your life and remains legally valid.
The Final Verdict
Regularly updating your will ensures that your estate plan accurately reflects your current circumstances and intentions. Following the proper legal steps helps prevent disputes and guarantees your wishes are respected.
For guidance on reviewing, updating, or drafting a new will that complies with BC law, contact the attorneys at Parr Business Law. Our experienced team can help you ensure your estate plan remains clear, valid, and aligned with your goals.
