A periodic review is therefore less about “redoing everything” and more about confirming the Will still functions properly under BC’s succession framework and alongside the Will-maker’s current circumstances.

Life events that commonly require an update

Major relationship changes are among the most important reasons to review a Will. In British Columbia, marriage does not revoke an existing Will under the current legislation, but marriage often changes obligations and expectations in a way that should be reflected in an estate plan. A Will made before marriage may no longer represent the Will-maker’s intentions, and if it does not make adequate provision for a spouse, it may be more vulnerable to a Wills-variation claim after death.

It is also important to be aware that older Wills can carry historical risk. Before WESA came into force (March 31, 2014), marriage could revoke a prior Will unless the Will was made in contemplation of that marriage. If a Will was made years ago and never updated, this issue may still matter depending on timing and facts.

Separation and divorce should also trigger a review, but for different reasons. Under WESA, when a Will-maker’s spouse ceases to be a spouse (as that term is defined in the legislation), the Will is generally read as though the former spouse died before the Will-maker. This typically cancels gifts to the former spouse and revokes their appointment as executor or trustee. However, whether someone has “ceased to be a spouse” can be fact-specific, and a Will can be drafted to override the default interpretation. For those reasons, relying on the statute to “fix things automatically” is rarely a good plan—updating the document provides certainty.

The arrival of children—by birth or adoption—is another common turning point. A Will prepared before children often does not address how assets should be managed if a child inherits while still a minor, who should manage those funds, or whether distributions should occur at 19 or at later staged ages. Many parents also want the Will to speak to who they would prefer to care for their children if both parents die. In BC, testamentary guardianship language can be important, but it should be drafted carefully because it interacts with guardianship rules under the Family Law Act and the rights of a surviving parent.

Changes in assets can change how the Will operates

Estate plans also become outdated when asset structures change. Buying or selling real estate, changing how title is held, refinancing, or moving into joint ownership can all affect what property actually falls into the estate and what passes outside it. A Will that seems clear on paper can be difficult to administer if the assets it refers to no longer exist, are held differently, or have changed substantially in value or complexity.

The same is true for business owners. Business interests frequently require coordination between the Will, shareholder or partnership agreements, insurance planning, and succession arrangements. Without coordination, a death can create disruption—sometimes forcing a sale at the wrong time, creating liquidity problems for the estate, or generating conflict between family members and business partners.

It is also worth remembering that not all assets pass through a Will. Jointly held property, many insurance proceeds, and registered plans with named beneficiaries may transfer outside the estate. That may be exactly what is intended, but it can also undermine an “equal distribution” plan if beneficiary designations and title arrangements have not been reviewed in tandem with the Will.

People change, and so should executor and beneficiary choices

Even when there is no dramatic life event, the practical suitability of executor and trustee appointments can shift. An executor may move away, become unwilling or unable to act, or no longer be the best person to manage family dynamics. Beneficiary arrangements may also need adjustment as relationships evolve, as needs change, or as blended-family realities become more complex. Updating a Will is often an opportunity to add backup appointments, clarify administrative powers, and reduce ambiguity that otherwise leads to conflict later.

Legal developments and modern planning considerations

BC succession law is relatively stable, but estate planning best practices do evolve. Digital assets, online accounts, modern recordkeeping, and the increasing use of electronic documents all raise practical issues that many older Wills do not address. BC also permits electronic Wills, which has shifted how lawyers think about execution, storage, and evidentiary reliability. A review is an opportunity to ensure the Will’s form and supporting information are aligned with current probate expectations and administration realities.

How often should a Will be reviewed?

A common guideline is a review every three to five years, and immediately after major changes such as marriage, separation, new children, significant asset changes, or business restructuring. Even where no amendments are ultimately needed, the review often identifies coordination issues—such as outdated beneficiary designations or changes in title—that can materially affect the estate outcome.

Final thoughts

Updating a Will is not necessarily a major project. Often, it is a targeted refinement that ensures the plan still reflects the Will-maker’s intentions and functions smoothly under British Columbia law. A relatively brief review now can prevent significant legal expense, delay, and stress later.

The information in this article is general in nature and not intended as legal advice. For guidance tailored to your circumstances, please consult with Northam Law Corporation for Wills and probate assistance. Call 604-630-2350 or email melissa@northam-law.com.

** The information in this article is for general informational purposes only and does not constitute legal advice. Laws can and do change over time and every legal situation is unique. You should consult with a qualified legal professional, such as the team at Northam Law, to obtain advice tailored to your specific circumstances before making any decisions.

Related Articles:

Understanding the Differences: A Will, an Advance Directive, and a Trust in British Columbia

When Is the Best Time to Prepare a Will? The Answer May Surprise You

How An Existing Will Is Affected By A Marriage, Separation, or Divorce

The post Updating Your Will in British Columbia: When and Why You Should Revisit It appeared first on Northam Law Corporation.

Step 1: Confirm Your Eligibility for Divorce in BC

Before you start, confirm your eligibility for a divorce in BC. As a Canadian citizen, you have the right to apply for a divorce in any province where you have lived for at least one year. If you have lived in BC for at least a year, you are eligible to file for divorce here.

Step 2: Seek Legal Counsel

Given the complexity of international divorces, it is highly recommended to seek legal advice. Northam Law can guide you through the process and ensure your interests are represented.

Step 3: Gather Necessary Documents

You will need to provide your original marriage certificate or a duly certified copy. If the marriage certificate is not in English, you’ll need to have it professionally translated. Other important documents may include identification, proof of residency in BC, and proof of Canadian citizenship.

Step 4: File for Divorce

Your lawyer will help you prepare and file a Notice of Family Claim at the BC Supreme Court. This document formally starts the divorce process. It outlines the orders you’re asking the court to make, such as spousal support, child custody, or division of property.

Step 5: Serve Your Spouse

You must legally serve your spouse with a copy of the filed Notice of Family Claim. If your spouse is in the Philippines, Northam Law can discuss options with you as to how this may be done.

Step 6: Wait for Response

After being served, your spouse has 30 days to file a Response to Family Claim. If they don’t respond within this period, you may apply to proceed with the divorce as an undefended (“uncontested”) matter.

Step 7: Attend Court Proceedings

If the divorce is contested, you will have to attend court proceedings to resolve the issues. If it is uncontested, the process is simpler, and you may not need to appear in court at all.

Step 8: Finalize the Divorce

Once all issues are resolved, the court will grant a Divorce Order. After a 31-day appeal period, you can request a Certificate of Divorce. The Certificate of Divorce is the final document in your divorce process, which officially ends your marriage.

Remember that while this blog post aims to provide a helpful guide, it does not substitute legal advice. Laws surrounding divorce, particularly international divorce, can be complex. It’s always recommended to consult with a lawyer to understand your rights and the procedures involved fully. Northam Law can help you. For more details, see Family Law.

The post How to Get a Divorce in BC as a Canadian Citizen Married in the Philippines appeared first on Northam Law Corporation.