Do I Really Need a Will?
A lot of people ask: “If I die without a will, does the government take all my assets?”
Short answer: No—but if you want your wishes followed and your family protected, a will is essential.
A will lets you decide who gets what, instead of leaving your estate to a strict legal formula that may not match your wishes.
What’s the Difference Between a Will and a Power of Attorney?
Power of Attorney (POA):
A POA is a legal document that lets someone else manage your property and finances while you’re alive—for example, if you’re overseas or lose capacity.
- The person giving the authority is called the donor.
- The person receiving it is the attorney (not necessarily a lawyer!).
A POA ends at death. That’s when your will takes over.
What Happens If You Die Without a Will in BC?
Your assets are divided by law, with several possible scenarios:
- Married, no kids:
All assets go to your spouse. - Married with children:
Spouse gets a preferential share (the first $300,000 if all children are also the spouse’s; $150,000 if not), then the rest is split between spouse and kids. - Multiple spouses:
Spouses share the spouse’s portion, then the rest goes to children. - No spouse or children:
Assets go to your parents. If your parents are gone, your brothers and sisters share everything. - No family:
Your estate goes to the provincial government.
Bottom line: Dying without a will makes things slower, more expensive, and can cause family fights. Make a will so your assets go where you want.
What You Need to Make a Will
To prepare your will, gather:
- Full names, birth dates, and addresses for your spouse, children, and other heirs
- A list of all your assets (bank accounts, real estate—including overseas property, pensions, company shares, valuables, etc.)
- Your choices for executor (the person who will handle your estate) and a backup in case your first choice can’t do it
If you have minor children (under 19):
- Name a guardian in your will, especially if you are single or divorced. This avoids court battles later.
Who Can’t Inherit by Will?
- Joint property: If you and your spouse own property as “joint tenants” (like your house), your share goes directly to the survivor—not by your will.
- RRSPs, life insurance: These go to the beneficiaries you named on the plan or policy, not by your will.
When Should I Update My Will?
Review your will every 3–5 years or whenever:
- Your financial situation changes
- You get married, divorced, or separated
- You have new children or dependents
- Your beneficiaries move or pass away
- You buy or sell major assets (like a house)
Can Someone Challenge My Will?
Yes. In BC, spouses and children (including adult children) can challenge a will in court if they feel they weren’t treated fairly.
Courts have the power to change your distribution if it’s grossly unfair or cuts someone out without a good reason.
Example:
A father leaves all his property to his son and nothing to his daughters, even though they cared for him. The daughters go to court and the judge splits the estate equally.
Handwritten Wills and Wills from Other Countries
Handwritten (holographic) wills:
These are valid in some cases in BC, but must meet strict requirements.
Best practice: Use a written, typed will signed in front of two witnesses to avoid problems.
Foreign wills:
A BC will is usually accepted in places like Hong Kong, Taiwan, or China, but it’s smart to have a separate will for each country if you have assets there. This avoids legal headaches.
Probate Fees and Taxes in BC
- No inheritance tax in Canada.
- Final tax return: The deceased’s estate must file a last tax return and pay capital gains tax if needed.
- Probate fees:
- Estates under $25,000: No fee
- Over $25,000: 0.6% on the first $50,000
- Over $50,000: 1.4% on the amount above $50,000
What Makes a Will Invalid?
A will can be thrown out if:
- It wasn’t signed or witnessed properly
- You didn’t know what you were signing (capacity)
- You were pressured or forced into signing (undue influence)
Pro Tips
- Always get professional advice from an estate planning lawyer
- Be clear and specific about your wishes
- Appoint backup executors and guardians
- List all your assets, including those overseas
- Don’t forget digital assets—your online accounts, crypto, etc.
- Review and update your will regularly
Take Action—Don’t Wait!
A will is one of the best gifts you can leave your family. It ensures your wishes are honored, reduces stress, and can prevent years of legal disputes.
Contact George Lee Law for Wills & Estate Planning in BC
We help families create solid wills and estate plans—clear, legal, and customized for your needs.
Languages: English, Mandarin Chinese, Cantonese
Phone: 604-681-1611
Email: info@gleelaw.com
Website: gleelaw.com
This article is for general information only. For legal advice about your will or estate plan, consult a qualified BC wills and estates lawyer.