One common question about estate planning in British Columbia is whether it’s necessary to register your Will. The answer is no—registering your Will isn’t required for it to be valid. However, understanding the benefits of registering your Will can help you make a more informed decision.
Is Registering a Will Legally Required?
In British Columbia, the Wills, Estates and Succession Act (WESA) does not mandate the registration of your Will. The validity of your Will hinges on its proper drafting, signing, and witnessing according to WESA guidelines. As long as your Will meets these standards, it remains valid, whether registered or not.
Why Should You Consider Registering Your Will?
Although optional, registering your Will offers significant advantages. When you register with the Wills Registry, managed by the Vital Statistics Agency, you don’t submit the actual Will. Instead, you file a “Wills Notice,” which records the location of the original document. This information helps your executor and beneficiaries locate your Will quickly after your death, minimizing delays and complications in administering your estate.
Who Can File a Wills Notice?
In British Columbia, the person making the Will (the testator), their lawyer, or a trusted individual acting on their behalf can file a Wills Notice. It’s crucial to keep the details in the Wills Notice accurate, especially if you change the location of your Will or create a new one.
How Much Does It Cost to Register a Will?
Registering your Will involves filing a Wills Notice with the Vital Statistics Agency, which costs $17 as of 2024 plus a $1.50 service charge from BC Registry. While the Wills Registry does not hold a copy of your Will, it ensures that your executor can easily access information about its location, streamlining the estate settlement process.
How Northam Law Can Help
Navigating the complexities of estate planning can feel overwhelming, but Northam Law is here to guide you. Our experienced team can help you draft a legally sound Will, ensuring its validity under WESA. We can also assist with filing a Wills Notice, should you choose to register your Will, and provide advice on maintaining an up-to-date estate plan. Whether you’re drafting a new Will, updating an existing one, or considering registration, Northam Law offers personalized support to protect your legacy.
Final Thoughts
Registering your Will in British Columbia isn’t mandatory, but it can offer peace of mind by ensuring your Will is easily located when needed. More importantly, focus on properly drafting and executing your Will according to legal requirements. Whether you need to create a new Will, update an existing one, or file a Wills Notice, Northam Law is here to help. Contact us today to secure your estate plan and protect your wishes.
For more general information on estate planning in British Columbia, visit the Government of British Columbia – Estate Planning page.
Read other Frequently Asked Questions about Estate Planning:
What happens if I die without a Will?
Adding or removing someone from your property title – Pros and Cons
Can you disinherit a spouse or children in BC?
