Many people assume that once a Will is signed, it can be stored away and never revisited. In practice, a Will is only as effective as its fit with a person’s current life, assets, and relationships. In British Columbia, an older Will may still be legally valid, but it can produce outcomes the Will-maker never intended, create administrative difficulties for the executor, and increase the risk of disputes—including Wills-variation litigation.
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 A Will made before marriage may no longer represent the Will-maker’s intentions, and if it does not make adequate provision for a spouse, it may be more vulnerable to a Wills-variation claim after death.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