How to Change a Will in BC: Legal Requirements and Key Considerations
Life changes - such as marriage, divorce, the birth of a child, or a shift in financial circumstances - often require updates to your estate plan.
In British Columbia, making changes to your will must follow specific legal requirements to ensure those changes are valid and enforceable. Whether you're making minor amendments or replacing your will entirely, it’s important to understand the legal steps involved.
This article explains how to change a will in BC, including when to use a codicil, when to draft a new will, and what to consider throughout the process.
Legal Requirements for Changing a Will in BC
In British Columbia, you must follow specific legal rules to change a will. These rules ensure that your changes are valid, enforceable, and reflect your true intentions. The law focuses on who can make amendments, the capacity of the person making them, and the proper way to carry them out.
Eligibility to Amend a Will
You can amend your will in two main ways: by creating a codicil or by drafting a new will. A codicil is a separate legal document that makes changes to your existing will without replacing it. However, it must meet the same legal standards as a will to be valid.
If your changes are extensive, making a new will is often more effective. This avoids confusion and reduces the risk of disputes later. You must also revoke your old will if you choose to create a new one.
Small, informal changes such as crossing out text or adding handwritten notes are not legally valid in most cases. Courts in BC may sometimes accept them, but only if they meet strict requirements under the Wills, Estates and Succession Act (WESA).
Legal Capacity and Age Requirements
To change your will, you must have the legal capacity to do so. This means you need to understand what a will is, what property you own, and who might reasonably expect to inherit from you.
You must also be at least 16 years old to make or amend a will in British Columbia. While the age of majority is 19, the law allows younger individuals who meet the mental capacity test to create or change a will.
Capacity is judged at the time you make the change. If you are experiencing illness or cognitive decline, it may be necessary to obtain medical evidence to confirm that you understood the changes you made. This can help prevent challenges to your will later.
Validity of Amendments
Any amendment to your will must follow the same formalities as the original document. This generally requires:
A written document
Your signature
The signatures of two witnesses who are both at least 19 years old
A codicil or new will that does not meet these requirements is not valid. Even a handwritten change must still comply with WESA to be accepted by the court.
You should also avoid using correction tools such as white-out or crossing out text directly on your will. These changes are often deemed invalid and can lead to disputes. Preparing a codicil or new will ensures that your intentions are clear and legally enforceable.
Methods to Change a Will
You can update your will in several ways, depending on the type of change you need. Some methods involve adding to your current will, while others require replacing or cancelling it entirely. Each approach has specific legal requirements that must be followed to ensure the changes are valid.
Making a Codicil
A codicil is a legal document that amends part of your existing will without replacing it. You can use a codicil to update details such as changing an executor, adjusting a gift, or adding a new beneficiary. It must clearly state which section of the will it modifies.
To be valid, a codicil must follow the same formalities as a will. This means you need to sign it in the presence of two witnesses who are not beneficiaries. Writing changes directly on your will is not valid and may cause disputes.
Codicils are best for small, straightforward updates. If you need to make several or complex changes, creating a new will is usually more effective.
Creating a New Will
When you want to make significant changes, the most reliable method is to create a new will. A new will automatically cancels your old one if it contains a revocation clause, which is standard practice. This ensures there is no confusion about which document applies.
A new will is useful if you have major life changes, such as marriage, divorce, or the birth of a child. It also allows you to reorganize your estate plan, update beneficiaries, or change executors in one document rather than through multiple amendments.
You should destroy old copies of your will once the new one is signed to avoid conflict.
Revoking an Existing Will
You can revoke your will at any time as long as you have legal capacity. Revocation can happen in several ways:
By creating a new will that includes a revocation clause.
By physically destroying the will, such as tearing or burning it, with the intent to revoke.
By marriage in some cases, unless the will states it was made in contemplation of marriage.
Revoking a will without replacing it means you will die intestate, and your estate will be distributed under B.C. law. This may not reflect your wishes, so it is usually best to prepare a new will after revocation.
Steps to Update a Will in British Columbia
You must carefully review your existing document, decide how to record your changes, and follow the legal rules for signing and witnessing. Each step ensures that your updated will is valid and enforceable under British Columbia law.
Reviewing the Existing Will
Begin by reading your current will in full. Look for sections that no longer reflect your wishes, such as outdated beneficiaries, executors, or property details. Pay attention to changes in your family situation, including marriage, divorce, or the birth of children.
It is also important to note whether your will was registered. In British Columbia, you can register the location of your will with the Vital Statistics Agency, which helps others locate it after your death. If you plan to change your will, you may need to update this registration as well.
Keep a clear record of what you want to change. For example, you might want to:
Add or remove beneficiaries
Replace an executor
Update property or asset details
Change guardianship instructions for children
Having a list of these changes will make the drafting stage more precise and efficient.
Drafting the Changes
You can update your will in two main ways: creating a codicil or drafting a new will. A codicil is a separate legal document that amends your existing will. It must follow the same legal requirements as the original will to be valid. Codicils are best for small updates, such as changing an executor or adding a single beneficiary.
If you need to make several updates, it is often clearer to prepare a new will. This avoids confusion and ensures that all instructions are in one document. In British Columbia, you can change or cancel a will at any time, provided you have the mental capacity to do so.
Whichever option you choose, write the changes in clear and precise language. Avoid vague terms, as they can lead to disputes or misinterpretation later.
Signing and Witnessing Requirements
For your updated will or codicil to be valid in British Columbia, you must sign it in front of two witnesses. These witnesses must also sign the document in your presence. They should be adults who are not beneficiaries or spouses of beneficiaries, as this can create conflicts of interest.
If you are unable to sign, you may direct someone else to sign on your behalf in your presence and in front of the witnesses. The law requires strict compliance with these rules to prevent challenges to your will.
You may also register the location of your new will with the Vital Statistics Agency. While not mandatory, this step can make it easier for your executor and family to locate the most recent version of your will after your death.
Keep the signed document in a safe place, such as with your lawyer or in a secure home location, and ensure your executor knows how to access it.
Common Reasons for Amending a Will
Life events often affect how your estate should be managed. Major family changes, shifts in your financial situation, or the need to update who will handle your estate can all make your current will outdated.
Changes in Family Circumstances
Your family situation may change through marriage, divorce, or the birth of a child. In British Columbia, marriage does not cancel a will, but divorce can affect certain provisions. If you separate or divorce, you may need to remove your former spouse as a beneficiary or executor.
The arrival of children or grandchildren often leads you to add them as beneficiaries. You may also want to appoint a guardian for minor children. Not updating your will in these cases could leave your loved ones unprotected.
Deaths in the family can also require changes. If a beneficiary or executor passes away, you may need to name a replacement to avoid confusion later. Making these updates ensures your will reflects your current family structure and intentions.
Acquisition or Disposal of Assets
Your will should match your current financial picture. When you buy or sell property, such as a home or business, you may need to adjust how those assets are distributed. An outdated will may refer to property you no longer own, which can cause legal issues.
If you acquire significant new assets, you may want to include them in your estate plan. This could involve naming new beneficiaries or adjusting the shares given to existing ones.
You should also review your will if you change investments, open new accounts, or receive an inheritance. Failing to update your will after major financial changes can create disputes among beneficiaries. Keeping your estate plan current helps reduce uncertainty.
Appointing a New Executor
The executor is responsible for carrying out the instructions in your will. If your current executor is no longer available, willing, or suitable, you should appoint a new one. This may happen if the person moves away, becomes ill, or passes away.
You may also reconsider your choice if you feel someone else is better suited to handle the role. For example, you might prefer an executor with stronger financial skills or someone younger who is more likely to outlive you.
In British Columbia, you can replace an executor by writing a new will or using a codicil. Codicils allow you to make targeted changes without rewriting the entire document. Choosing the right executor ensures your estate is managed effectively and according to your wishes.
Legal Implications of Will Changes
When you change your will in British Columbia, the law requires that your updates meet strict formalities. Even small errors can create disputes, affect the distribution of assets, or cause your will to be challenged in court.
Potential Challenges to the Will
Any change to your will can increase the risk of legal challenges. If the wording in a codicil or new will is unclear, beneficiaries may argue over the meaning. Courts in BC often review whether the change reflects your true intentions or if it creates contradictions with the original document.
You must also follow the legal rules for execution. A codicil or new will must be signed and witnessed properly. If these steps are not followed, the document may be declared invalid. In some cases, a handwritten note may be considered, but this often leads to disputes and higher legal costs.
Challenges may also arise if someone claims you lacked mental capacity when making the change. If there are signs of undue influence, such as pressure from a family member, the court may set aside the new terms. These risks make it important to ensure your changes are clear, consistent, and legally valid.
Impact on Beneficiaries
When you change your will, the adjustments can directly affect the rights of your beneficiaries. For example, removing or reducing a gift may cause disappointment or lead to a legal claim. In BC, certain family members, such as spouses and children, can apply to vary a will if they believe they were treated unfairly.
Even small changes can shift how assets are divided. If you add a new beneficiary, other beneficiaries may receive a smaller share. This can create tension or conflict among family members.
It is important to consider how your changes fit with the rest of your estate plan. A new clause may unintentionally conflict with existing instructions. For instance, naming a new executor could affect how efficiently your estate is managed.
By reviewing the possible effects on each beneficiary and ensuring your instructions remain consistent, you reduce the risk of disputes. Professional advice can help confirm that your changes reflect your wishes while respecting BC’s estate laws.
Role of Legal Professionals
Legal professionals help ensure your will changes meet British Columbia’s legal standards. They also provide guidance on technical requirements, such as proper signing, witnessing, and avoiding errors that could make your will invalid.
When to Consult a Lawyer
You should consult a lawyer if you plan to make significant changes, such as adding or removing beneficiaries, updating executors, or altering how property is divided. Even small updates, like a change of address, can benefit from legal review to confirm they are executed correctly.
A lawyer can also explain when a codicil is sufficient or when you may need to draft a new will. A codicil in BC is a legal document that allows you to amend your existing will without replacing it entirely.
Legal advice is especially important if your estate includes complex assets, such as multiple properties, business interests, or digital assets. In these cases, mistakes can create disputes or delays for your beneficiaries.
You may also need legal support if your family situation changes, such as through marriage, divorce, or the birth of a child. A lawyer ensures your will reflects these changes and complies with provincial laws.
Choosing a Qualified Estate Lawyer
When selecting an estate lawyer, look for experience with wills and estate planning in British Columbia. Laws differ between provinces, so a lawyer familiar with BC legislation can provide accurate and reliable advice.
It is helpful to review a lawyer’s background, including years of practice and focus areas. Many firms provide details about their estate services, such as creating and updating wills in British Columbia.
You should also consider accessibility and communication. A good estate lawyer explains legal terms in clear language and ensures you understand each step of the process.
Cost is another factor. Some lawyers charge flat fees for drafting or updating wills, while others bill hourly. Asking about fees upfront helps you plan and avoid unexpected expenses.
Finally, choose a professional you trust. Since your will involves sensitive personal and financial information, you need confidence that your lawyer will handle your wishes with care and accuracy.
Storing and Communicating Will Amendments
When you change your will, the updated documents must be kept secure and accessible. You also need to make sure the right people know about the changes so they can carry out your instructions without confusion.
Safe Storage of Updated Documents
You should keep your updated will or codicil in a location that is both safe and accessible. A fireproof home safe, a safety deposit box at a bank, or secure storage with your lawyer are common options. Each choice has benefits, but the key is to ensure the document cannot be lost or damaged.
Avoid leaving unsigned drafts or handwritten notes with your signed will. These can create disputes about your intent. Only the final, properly signed and witnessed document should be stored.
If you create a new will, destroy old versions to prevent uncertainty. Shredding or burning outdated copies helps avoid confusion about which document is valid.
Some people also register their will with the British Columbia Wills Registry. This registry records where the original will is kept, making it easier for your executor to locate it when needed.
Informing Executors and Beneficiaries
You should tell your executor where the original will is stored and provide clear instructions for accessing it. Without this information, your executor may face delays in starting the probate process.
It is also helpful to inform key beneficiaries about the existence of your updated will. While you do not need to share every detail, confirming that your estate plan has been revised reduces the risk of disputes.
If you used a lawyer to prepare the amendments, let your executor know the lawyer’s contact information. This ensures they can quickly verify the document’s validity and obtain certified copies if required.
Clear communication reduces uncertainty and helps your executor carry out your wishes as intended.
Costs Associated with Changing a Will
When you change your will in British Columbia, the costs depend on how you make the changes. You may pay different fees if you use a lawyer, a notary, or prepare the update yourself.
If you add a codicil or create a new will, you must also file a new wills notice. The filing fee for a wills notice in BC is $17 through the Wills Registry.
Professional fees vary. On average, a simple will prepared by a lawyer costs about $821, while more complex wills can reach several thousand dollars depending on the work involved.
To help compare, here is a basic overview:
If you choose to make changes yourself, you may save money upfront, but errors can lead to higher legal costs later. Even small mistakes may require costly corrections.
Your final cost depends on the method you choose and the complexity of your estate.
Mistakes to Avoid When Changing a Will
When you change your will, you must follow the correct legal steps. Writing notes or making edits directly on the original document does not make the changes valid. Courts may ignore these markings if they do not meet formal requirements.
Failing to use the right method is a common mistake. You can create a new will or add a codicil, but each option has strict rules. For example, a codicil must be signed and witnessed properly, just like a will.
You should also avoid vague wording. If your instructions are unclear, your executor or the court may struggle to interpret your wishes. Using precise language reduces the risk of disputes.
Another mistake is not updating your will after major life changes. Marriage, divorce, or the birth of a child can affect how your estate is distributed. If you do not update your will, outdated terms may cause conflict.
The table below highlights errors you should avoid:
Professional guidance can help you avoid these issues.
The Final Verdict
Changing your will in BC requires careful attention to legal formalities to ensure your revised wishes are clearly documented and upheld. Whether you need to make small adjustments or a complete rewrite, taking the proper legal steps will help protect your estate and your beneficiaries.
For trusted legal support in updating or replacing your will, contact the lawyers at Parr Business Law. Our team is here to ensure your estate plan remains current, compliant, and aligned with your goals.
