Simple Will (British Columbia) by OLL

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.

⚠️ In British Columbia, a spouse or child can apply to court to have this Will "varied." BC's Wills, Estates and Succession Act ("WESA") gives a surviving spouse or child a distinct statutory right to apply to court to change the distribution in a will that does not, in the court's view, make adequate provision for their proper maintenance and support — this is a broader and more commonly used right than the dependant's-support claims available in other provinces, and it applies even where the Testator's reasoning for the distribution was considered and deliberate. Naming a reason for excluding or limiting a spouse or child in this Will does not, by itself, prevent a variation claim. VERIFY the current statutory basis, qualifying test, and current scope of who counts as a "child" or "spouse" for this purpose (including the qualifying period for an unmarried marriage-like relationship — see section 2) before this warning, or any statement of the rule, is treated as settled — the citation registry flags this as the single biggest open question for this template.

⚠️ Execution formalities require verification before every use, including the minimum age to make a will. BC has its own signing and witnessing requirements and, distinctively, gives the court authority to cure certain defects in a document that does not strictly comply with those requirements if satisfied it reflects the deceased's testamentary intentions. VERIFY the current formality requirements, the current minimum age to make a valid will, and the current scope of the court's curative power, before relying on any statement in this template as current law — the citation registry flags all of this as unconfirmed this session.

BC extends "spouse" status, for both wills-variation and intestacy purposes, to an unmarried partner who has lived with the Testator in a marriage-like relationship for a qualifying period, or who has a child with the Testator — regardless of whether either party considers themselves "married." Do not assume an unmarried partner falls outside section 2 or outside the wills-variation warning above. VERIFY the current qualifying period and the current statutory test before advising a client either way — the citation registry flags this as unconfirmed.

This template provides for one primary and one alternate executor only. If the Testator wants co-executors, a trust company, or more than two named individuals in sequence, that is a more complex structure than this simple template is built for — take advice.

Delete this section if the Testator has no minor children, or if the other parent of the Testator's minor children is expected to survive the Testator and already has parental responsibility.

A guardian appointment in a will is a nomination, not a final court order. BC family law governs parental responsibility and guardianship of children separately from WESA. Do NOT tell a client this appointment is automatically final or displaces a surviving parent's existing guardianship. VERIFY the current governing statute and process for confirming or challenging a will-based guardian nomination before relying on this section — the citation registry flags this as unconfirmed.

List any specific gifts here. Delete this section entirely if the Testator wants everything to pass through the residue clause at section 7.

[Repeat 5.1 for each additional specific gift, renumbering as 5.2, 5.3, and so on.]

Keep specific gifts simple — a described item, an amount of money, or a named account or asset, to a single named beneficiary. A gift with conditions, staged timing, or a trust mechanism is out of scope for this template.

Include this section only if a beneficiary under section 5 or section 7 may be a minor at the time they become entitled. This is a bare holding arrangement to bridge the beneficiary to the age of majority — it is not a testamentary trust, has no staged distributions, and has no discretionary powers beyond holding and applying funds for the minor's benefit. If the Testator wants more than that, this template does not cover it — take advice.

Every simple will needs a residue clause that works even if every named beneficiary predeceases the Testator — otherwise part of the estate can pass under the intestacy rules despite the Testator having a will. Confirm section 7.2 (or a further alternate) covers that possibility before finalizing.

BC's default survivorship period under WESA differs from the 30-day period commonly used elsewhere — do not port a 30-day assumption from another province's template into this one. VERIFY the current default period, and whether the Testator wants to adopt it as-is or specify a different period, before finalizing.

⚠️ Do not rely on the attestation clause below as a substitute for confirming current formality rules. BC requires a will to be signed at its end by the Testator (or by another person in the Testator's presence and by the Testator's direction), in the presence of two witnesses present at the same time, who then also sign in the Testator's presence. A person who is a beneficiary under the Will, or who is married to or in a marriage-like relationship with a beneficiary, generally should not act as a witness — doing so can jeopardize that beneficiary's gift, subject to any court curative power described above. VERIFY the current witnessing rules and current minimum testator age before this Will is executed — the citation registry flags the current formality rules as unconfirmed.

Complete this Schedule for reference. It does not form part of the operative Will and does not override the body — if the two conflict, correct whichever document does not reflect what the Testator actually signed, and note the correction in the review log.