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How to Write a Will in British Columbia

British Columbia's Wills, Estates and Succession Act has no holograph route: a will must be signed at its end before two witnesses, though BC does allow electronic wills.

Written November 12, 2026 · 8 min read

Applies in: British Columbia

The short answer

British Columbia wills are governed by the Wills, Estates and Succession Act (WESA). Section 37 sets one route, and it has no handwritten shortcut: the will must be in writing, signed at its end by the will-maker (or the signature acknowledged) in the presence of two or more witnesses present at the same time, and signed by two or more of the witnesses in the will-maker's presence. What BC adds, and most provinces do not, is a full electronic route: since December 1, 2021 the writing requirement is met by a will in electronic form, signatures can be electronic, and witnesses can be present electronically. This guide covers the signing process only. It gives no advice on what your will should say.

Step 1: Confirm you can make a will in BC

Section 36 of WESA says a person who is 16 years of age or older and who is mentally capable of doing so may make a will. A will made by a person under 16 years of age is not valid. There is one age carve-out in section 38: a member of the Canadian Forces on active service, or a member of a Commonwealth or allied force on active service, may make a will in writing signed at its end regardless of age, and if the will-maker signs it personally, no witness needs to be present.

Step 2: Put the will in writing — paper or electronic

Section 37(1)(a) requires the will to be in writing. Section 37(3) adds that this requirement is satisfied if the will is in electronic form, and section 37(4) states that an electronic will is a will for all purposes of the Act and any other enactment. The BC Laws point-in-time consolidation records those electronic-will provisions as effective December 1, 2021.

WESA defines an electronic will as a will that is in electronic form: recorded or stored electronically, able to be read by a person, and capable of being reproduced in a visible form. An oral will is not a will under any part of section 37.

There is no holograph option. A document written entirely by hand gets no pass from the witness rules; handwriting is simply one way of being "in writing," and sections 37(1)(b) and (c) still apply to it.

Step 3: Sign at the end, in front of both witnesses together

Section 37(1) has three parts:

  • In writing — paper or electronic form, as above.
  • Signed at its end — you sign at the end of the will, or acknowledge the signature at the end as yours, in the presence of two or more witnesses present at the same time. Section 39 deals with doubtful signature placement: a signature counts as at the end if it is apparent on the face of the will that you intended to give effect to the will, but section 39(2) is clear that a gift or direction that follows your signature gets no effect from it. Sign after the last clause.
  • Witnesses sign in your presence — two or more of the witnesses sign the will in the presence of the will-maker.

Both witnesses must be there at the same time for the signing or the acknowledgement. One witness this week and a second next week is not section 37 execution.

Step 4: Pick witnesses who are 19 or older and take nothing

Section 40(1) sets the witness age: signing witnesses to a will-maker's signature must be 19 years of age or older. Section 40(3) adds that a will is not invalid only because a witness later became incapable of proving it, unless the witness was under 19 when the will was signed.

A beneficiary is allowed to witness, but the gift is the price. Section 43(1) makes a gift void if it is to a witness to the will-maker's signature or to the spouse of that witness, to a person who signed the will at the will-maker's direction or that person's spouse, or to a person claiming under any of them. Section 43(3) keeps the rest of the will intact. Section 43(4) lets the court declare the gift effective where it is satisfied the will-maker intended the gift even though the person or their spouse witnessed the will. Two witnesses aged 19 or older who receive nothing under the will avoid the whole section.

Step 5: Use electronic signing and video witnessing if you need them

Three WESA provisions do the work:

  • Electronic presence (section 35.2). A requirement to act in another person's presence, or while others are present at the same time, is satisfied while the persons are in each other's electronic presence. Some people can be physically present and others electronically present at the same signing. Where everyone is in electronic presence, the will may be made by signing complete and identical copies in counterpart.
  • Electronic signature (section 35.3). For sections 37, 40, 43, 62 and 77, a reference to a signature includes an electronic signature, and a signature requirement is satisfied by one. An electronic will is conclusively deemed signed if the electronic signature is in, attached to or associated with the will so that it is apparent the will-maker intended to give effect to the entire will.
  • Electronic form (section 35.1). The definitions cover what counts as electronic form and an electronic signature: information in electronic form that a person has created or adopted to sign a record, in, attached to or associated with the record.

One limit to plan around: under section 54.1, altering an electronic will means making a new will that meets section 37. You cannot edit the stored file and call the edit an alteration.

Step 6: File a notice of will, and keep the original findable

WESA runs a wills registry in Division 7 of Part 4. Under section 73, a person who makes a will may file a notice of will with the registrar general. Section 74 covers a notice of revocation, and section 75 a notice of a change in where the will is kept. Section 78 is explicit that the validity of a will or of a revocation is not affected by filing or not filing a notice — the registry records where a will is, it does not make the will valid. The search rules in section 77 limit who can search the registry during the will-maker's life: a lawyer or a member of the Society of Notaries Public of British Columbia may search on application, and anyone else generally needs the will-maker's death certificate or a signed statement proving the death.

What the opened pages do not state

WESA sets the execution rules but does not set a fee for making a will, and the BC Laws consolidation does not state a fee for filing a notice of will under section 73, so this guide states neither. The Act also does not publish a standard will form or a government self-help kit. Section 58 lets a court cure a non-compliant document that represents the deceased person's testamentary intentions; the Act does not state what that application costs or how often it succeeds, so this guide gives neither figure.

Related guides:

Writing a will in British Columbia, in order

  1. Confirm you can make a willSection 36 of the Wills, Estates and Succession Act: 16 or older and mentally capable
  2. Put the will in writing — paper or electronicSection 37(3): the writing requirement is satisfied if the will is in electronic form
  3. Sign at the end, with two witnesses present togetherSection 37(1): sign, or acknowledge your signature, in the presence of 2 or more witnesses present at the same time
  4. Use witnesses who are 19 or older and gain nothingSection 40 sets the witness age at 19; section 43 voids a gift to a witness or a witness's spouse
  5. Have both witnesses sign in your presenceSection 37(1)(c): the witnesses sign in the presence of the will-maker; electronic presence counts under section 35.2

Questions people ask

How old do I have to be to make a will in British Columbia?

16. Section 36 of the Wills, Estates and Succession Act says a person who is 16 years of age or older and who is mentally capable of doing so may make a will, and a will made by a person under 16 is not valid. That is younger than most provinces set the floor.

Is a handwritten will valid in British Columbia?

Not on its own. British Columbia has no holograph rule. A handwritten document still has to meet section 37: in writing, signed at its end, and signed by two witnesses in the will-maker's presence. An unwitnessed handwritten note is invalid unless the court orders it effective under section 58 because it represents the deceased person's testamentary intentions.

Are electronic wills legal in British Columbia?

Yes. Section 37(3) says the requirement that a will be in writing is satisfied if the will is in electronic form, and section 37(4) says an electronic will is a will for all purposes of the Act and any other enactment. Those provisions took effect on December 1, 2021. The same signing rules apply: the will-maker signs at the end, two witnesses are present at the same time, and the witnesses sign in the will-maker's presence — with electronic signatures and electronic presence allowed under sections 35.3 and 35.2.

Who can witness a will in British Columbia?

Signing witnesses must be 19 years of age or older under section 40(1). A person can witness a will even though they receive a gift under it, but section 43 makes a gift void if it is to a witness to the will-maker's signature or to that witness's spouse, unless the court declares otherwise under section 43(4). Pick witnesses who take nothing under the will.

Can witnesses attend by video in British Columbia?

Yes. Section 35.2 provides that a requirement to take an action in the presence of another person, or while other persons are present at the same time, is satisfied while the persons are in each other's electronic presence, and the Act defines electronic presence through audiovisual communication technology that lets people see and hear each other. If the will-maker and witnesses are in each other's electronic presence, the will may be signed in complete and identical copies in counterpart.

What happens if a BC will is signed wrong?

Section 37(2) says a will that does not comply with section 37(1) is invalid unless the court orders it to be effective under section 58, it is recognized under section 80, or another provision of the Act makes it valid. Under section 58, the court may order a record, document or writing to be fully effective as a will if it determines the record represents the deceased person's testamentary intentions. It is a court application after death, not a fix you can count on while signing.

Keep going

Sources

  • BC Laws, Wills, Estates and Succession Act — section 35.1 (definitions: electronic form, electronic signature, electronic will), section 35.2 (electronic presence and counterpart signing), section 35.3 (electronic signatures), section 36 (who can make a will: 16 and mentally capable), section 37 (how to make a valid will; electronic form satisfies the writing requirement), section 38 (military wills), section 39 (signature placement), section 40 (witnesses must be 19 or older), section 43 (gifts to witnesses void), section 54.1 (altering an electronic will), section 58 (court order curing deficiencies), and sections 73 to 78 (notice of will and the registry).
  • BC Laws, Wills, Estates and Succession Act — Point in Time — the December 1, 2021 effective date for the electronic-will amendments to section 37.

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