Simple Will (British Columbia) by OLL
Simple will for a single adult testator in British Columbia
This document comes from OLL's library of vetted legal templates
WILL OF [Testator Legal Name]
This template is for a single adult testator in British Columbia making a simple will: outright gifts, one primary and one alternate executor, a residue clause, and — if applicable — the appointment of a guardian for minor children. Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and renumber before execution.
Before You Start — Guided Intake Screening
This is a guided template. Work through the screening questions below with the client before drafting. If any answer is "yes," this simple will is not the right instrument — say so plainly, do not adapt this template to try to cover it, and route the client to take independent legal advice instead.
Does the testator want to leave any gift in trust rather than outright (for example, staged distributions at set ages, a trust for a beneficiary with a disability, or a trust to manage funds for a minor beyond the bare holding arrangement at section 6)? → testamentary trust — out of scope.
Does the testator have a blended family (a current spouse or partner and children from a prior relationship, or a family situation where competing claims on the estate are likely)? → out of scope — see the wills-variation warning below, which makes this especially important in BC.
Does the testator own a business interest (a corporation, partnership interest, or sole proprietorship) that forms part of the estate? → out of scope — business succession needs its own drafting, and may also implicate buy-sell-succession.
Does the testator hold foreign assets (real property, accounts, or other significant assets outside Canada)? → out of scope — foreign assets can trigger a foreign jurisdiction's own succession law and tax rules.
Is the testator seeking to disinherit, or leave significantly less to, a spouse or a child? → do not proceed on this template alone; see the wills-variation warning below and route to advice regardless of how the rest of the intake goes — this is the single most consequential BC-specific risk in this template.
If none of the above apply, proceed. If any apply, stop the guided intake and do not generate this document — advise the client to consult a lawyer.
This is a preview. The full template is free on GitLaw.
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About this template
What is this template?
This document is a simple last will and testament for residents of British Columbia. It contains provisions for the appointment of a single executor, a 5-day survivorship period, and the nomination of a guardian for minors. It is NOT a testamentary trust and does not support staged distributions or business succession planning.
When should you use it?
Use this template when an adult testator has straightforward assets and wants to leave everything outright to beneficiaries in British Columbia. Use a Codicil instead if only a partial change to an existing will is intended.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Revocation | The Testator revokes all prior wills, codicils, and testamentary dispositions to ensure this document is the sole operative instrument. |
| 3 | Appointment of Executor | The Testator names one primary Executor and one alternate Executor to manage the estate and act as trustee. |
| 4 | Guardian of Minor Children | The Testator nominates a Guardian and an alternate for the person of any child under the age of majority. |
| 6 | Gifts to a Minor Beneficiary | The Executor holds a minor's share until they reach the age of majority, with power to apply funds for maintenance. |
| 7 | Residue of My Estate | The Testator directs the remaining assets to a named Residue Beneficiary or alternate if the primary beneficiary does not survive. |
| 8 | Survivorship | A beneficiary must survive the Testator by 5 days to be eligible for a gift; otherwise, they are deemed to have predeceased. |
| 9 | Powers of My Executor | The Executor is granted specific powers to sell assets, pay debts, and settle claims as if they were the absolute owner. |
Who it's for
- a single adult in British Columbia making a simple will with outright gifts
- an individual appointing one primary and one alternate executor without complex trusts
- a parent nominating a guardian for minor children in British Columbia
- a testator seeking to distribute the residue of their estate to a single person
How long it runs and how it's signed
Law it's drafted under
Canada note
This version is drafted for Canada. Provinces differ on employment standards and Quebec applies civil law rather than common law. Tell GitLaw which province applies and it adjusts the draft.
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