LAST WILL AND TESTAMENT
OF [[TESTATOR FULL LEGAL NAME]]
I, [[Testator Full Legal Name]], of [[City, British Columbia]], born [[Date of Birth]], being of legal age (at least 16 years old - WESA s. 36), of sound mind, and not acting under undue influence or duress, hereby make, publish, and declare this to be my Last Will and Testament, revoking all former wills, codicils, and testamentary dispositions previously made by me.
Article 1 - Identification and Revocation
1.1 I am commonly known as [[Testator Legal Name and any Preferred Name]].
1.2 I hereby revoke all prior wills, codicils, and testamentary documents made by me before the date of this Will.
Article 2 - Executor and Trustee
2.1 Primary Executor: I appoint [[Primary Executor Full Name]], of [[Executor Address]], as the executor and trustee of this Will ("my Executor").
2.2 Alternate Executor: If [[Primary Executor Full Name]] is unable or unwilling to act, I appoint [[Alternate Executor Full Name]], of [[Alternate Executor Address]], as my alternate Executor.
2.3 Second Alternate Executor: If both named Executors are unable or unwilling to act, I appoint [[Second Alternate Executor Full Name or "the Public Guardian and Trustee of British Columbia if no other willing executor is available"]].
2.4 Executor's Powers: My Executor shall have the following powers in addition to those conferred by law (including the Trustee Act, R.S.B.C. 1996, c. 464):
(a) Administration: To administer and settle my estate, pay all debts, taxes, and expenses, and distribute the balance to the beneficiaries;
(b) Sale: To sell any real or personal property forming part of my estate, at public or private sale, without notice to beneficiaries, at such time and price as my Executor deems advisable;
(c) Investment: To invest estate assets in any manner my Executor deems appropriate, including investments that a prudent investor would not ordinarily make, to the extent permitted by the Trustee Act;
(d) Business: To carry on, wind up, or dispose of any business interest forming part of my estate;
(e) Legal Proceedings: To commence, defend, compromise, or settle any legal proceedings involving my estate;
(f) Real Property: To mortgage, lease, manage, repair, or improve any real property in my estate;
(g) Tax Elections: To make all income tax, GST, and other elections as my Executor deems advantageous;
(h) Compensation: To receive reasonable compensation for services as Executor, as set by agreement with my beneficiaries or as determined by the court under the Trustee Act (an amount not exceeding the maximum allowed by regulation);
(i) Delegation: To employ and compensate professionals (lawyers, accountants, financial advisors) as needed.
2.5 Single Executor: If only one Executor is acting, that Executor may act alone with the full powers granted herein.
Article 3 - Guardian of Minor Children
3.1 If I am the surviving parent or sole legal guardian of any minor children at the time of my death, I appoint [[Guardian Full Name]], of [[Guardian Address]], as guardian of the person and estate of my minor children.
3.2 Alternate Guardian: If [[Guardian Full Name]] is unable or unwilling to act, I appoint [[Alternate Guardian Full Name]], of [[Alternate Guardian Address]], as alternate guardian.
3.3 Trustee for Minors: Any share of my estate to which a minor beneficiary is entitled shall be held in trust by my Executor and paid to or applied for the benefit of that minor until they reach age [[Age - typically 18 or 21 or 25]], or as otherwise provided in Article 6.
Article 4 - Funeral and Burial Arrangements
4.1 I direct that my remains be [[buried / cremated / other final disposition]] at [[Funeral Home, Cemetery, or other location]] (or as near as practicable).
4.2 I express the following wishes (which are not binding but guidance for my Executor): [[Funeral and memorial preferences, e.g., type of service, music, charitable donations in lieu of flowers, etc., or "I leave these arrangements to my Executor's reasonable discretion"]].
4.3 My Executor shall pay all reasonable funeral, cremation, and burial expenses as a first charge against my estate.
Article 5 - Specific Bequests
5.1 I give the following specific gifts to the following persons (each a "Specific Bequest"):
| Gift | Recipient | Alternate Recipient if Recipient Predeceases Me |
|------|-----------|------------------------------------------------|
| [[Description of item/property/amount]] | [[Recipient Name, Relationship]] | [[Alternate Recipient or "lapses into residue"]] |
| [[Description]] | [[Recipient Name]] | [[Alternate or "lapses into residue"]] |
| [[Description]] | [[Recipient Name]] | [[Alternate or "lapses into residue"]] |
5.2 Conditions: [[Describe any conditions on specific bequests, e.g., "provided she survives me by 30 days," or "None"]]
5.3 Ademption: If any specifically bequeathed item is no longer part of my estate at my death (sold, lost, or destroyed), the specific bequest fails (ademption) and the recipient receives no substitute unless I have otherwise provided in writing.
5.4 Tangible Personal Property: I give all my tangible personal property (clothing, jewelry, furniture, household goods, automobiles) not otherwise specifically bequeathed to [[Person, e.g., "my spouse" or named individual]], or if they do not survive me, to [[Alternate]]. My Executor may use a written memorandum of my wishes (made before or after this Will) as guidance for distributing specific items of tangible personal property, but such memorandum shall not be binding.
Article 6 - Residuary Estate
6.1 I give all the rest and residue of my estate (the "Residuary Estate"), including all property not otherwise disposed of by this Will, as follows:
Primary Residuary Beneficiaries:
| Beneficiary | Relationship | Share (%) |
|-------------|-------------|-----------|
| [[Beneficiary Name]] | [[e.g., Spouse]] | [[e.g., 100% or 50%]] |
| [[Beneficiary Name]] | [[e.g., Child]] | [[e.g., 50%]] |
6.2 Alternate Residuary Beneficiaries: If a primary residuary beneficiary does not survive me by [[30 / 60]] days, their share passes:
- [ ] To their issue (children/descendants), per stirpes; or
- [ ] To the surviving residuary beneficiaries equally; or
- [ ] To: [[Named Alternate Beneficiary]].
6.3 Ultimate Alternate: If no residuary beneficiary survives me, the Residuary Estate shall pass to [[Ultimate Alternate or charitable organization, e.g., "The Canadian Red Cross"]].
6.4 Trusts for Minor Beneficiaries: Any share of the Residuary Estate passing to a person under age [[18 / 19 / 25]] shall be held by my Executor in trust and may be used for that person's health, education, maintenance, and support. The trust terminates and is distributed when the beneficiary reaches the stated age, or earlier in my Executor's discretion, or upon the beneficiary's prior death (in which case the share passes to their estate or as directed above).
Article 7 - Debts, Taxes, and Expenses
7.1 I direct my Executor to pay from my estate all legally enforceable debts, funeral expenses, the costs of administering this Will, and all applicable taxes (including any income tax arising on my deemed disposition of assets under the Income Tax Act (Canada)), as promptly as reasonably possible.
7.2 Any British Columbia probate fees (currently assessed on the gross value of estate assets in BC - Supreme Civil Rules and Administration of Estates Act) shall be paid from my estate.
Article 8 - Simultaneous Death
8.1 If any beneficiary and I die simultaneously or within 30 days of each other (or so close in time that the order of death cannot be determined), I shall be conclusively presumed to have survived that beneficiary for purposes of this Will, and that beneficiary's share shall be distributed as if they had predeceased me.
Article 9 - No-Contest Clause
9.1 If any beneficiary or other person contests the validity of this Will, seeks to set aside any provision hereof, or takes any action that interferes with the administration of my estate, that person's share shall be reduced to the amount, if any, they would have received had they not contested, subject to the court's discretion under WESA.
Article 10 - Governing Law; Jurisdiction
10.1 This Will is made in and governed by the laws of the Province of British Columbia, Canada.
10.2 Probate jurisdiction: Supreme Court of British Columbia.
Article 11 - Digital Assets
11.1 I give my Executor authority to access, manage, transfer, or close any digital accounts or assets (online accounts, cryptocurrency, digital files, domain names) forming part of my estate. My Executor may use any passwords or access credentials I have provided in a separate secure document (not part of this Will) for this purpose.
Article 12 - Spouses and Beneficiary Designations
12.1 If I have a spouse (married or common-law partner) at the time of my death, my Executor shall take into account the applicable provisions of WESA regarding a spouse's entitlements and ensure compliance with any mandatory entitlement provisions of WESA Part 3.
12.2 Any registered plan designations (RRSP, RRIF, TFSA, pension, life insurance) made by me are separate from this Will and pass outside of my estate as provided by the applicable beneficiary designation.
Execution and Attestation
IN WITNESS WHEREOF, I, [[Testator Full Legal Name]], sign and publish this Last Will and Testament on [[Date of Execution]], at [[City, British Columbia, Canada]], in the presence of both witnesses named below, who sign in my presence and in the presence of each other.
TESTATOR:
_______________________________
[[Testator Full Legal Name]]
ATTESTATION CLAUSE (Wills, Estates and Succession Act, S.B.C. 2011, c. 25, ss. 37-38):
We, the undersigned, each declare that:
(a) The testator signed this Will in our presence;
(b) We then signed this Will as witnesses in the presence of the testator and each other;
(c) At the time of signing, the testator appeared to be at least 16 years of age, of sound mind, and not acting under duress or undue influence;
(d) Neither of us is a beneficiary under this Will, nor the spouse of a beneficiary (a witness who is a beneficiary or their spouse may lose the benefit - WESA s. 43).
Witness 1:
Signature: _______________________________
Printed Name: [[Witness 1 Full Name]]
Address: [[Witness 1 Address]]
Date: __________
Witness 2:
Signature: _______________________________
Printed Name: [[Witness 2 Full Name]]
Address: [[Witness 2 Address]]
Date: __________
Affidavit of Execution (Optional but Recommended - Probate Rule 25-5)
This affidavit, sworn by one or both witnesses before a notary public or commissioner for taking affidavits, may be used to prove the will's execution during probate, simplifying the process.
Province of British Columbia
To Wit:
I, [[Witness Name]], of [[Address]], make oath/affirm and say:
- I was personally present and did see [[Testator Full Legal Name]] sign the above Will on [[Date of Execution]] at [[City, BC]].
- [[Testator Full Legal Name]] signed the Will in the presence of both witnesses simultaneously.
- I subscribe my name as a witness to the execution of this Will.
- I am not a beneficiary nor the spouse of a beneficiary under the Will.
Sworn/Affirmed before me at [[City, BC]], on [[Affidavit Date]]:
_______________________________
A Notary Public / Commissioner for Taking Affidavits in and for British Columbia
My commission expires / I hold office at the pleasure of the Lieutenant Governor.
_______________________________
Signature of Deponent (Witness)
Template - not legal advice. British Columbia wills are governed by the Wills, Estates and Succession Act, S.B.C. 2011, c. 25 (WESA). WESA provides courts with discretion to cure certain defects in wills that do not strictly comply with formal requirements (s. 58), but reliance on judicial curative power is risky. Consult a British Columbia lawyer or notary public before finalizing. Estate plans should also consider WESA Part 3 (variation of wills), applicable tax planning under the Income Tax Act (Canada), and designation beneficiaries for registered plans.
Primary Sources (as of 2026-06):
- Wills, Estates and Succession Act, S.B.C. 2011, c. 25 (ss. 36-38, 43, 58 - capacity, formalities, witness disqualification, curative jurisdiction)
- Trustee Act, R.S.B.C. 1996, c. 464 (executor and trustee powers)
- Supreme Court Civil Rules, B.C. Reg. 168/2009, Rule 25-5 (probate affidavit of execution)
- Income Tax Act (Canada), R.S.C. 1985, c. 1 (5th Supp.) (deemed disposition on death)
