I Want to Write a Will

A will is a legal document that takes effect upon your death. The main purpose of a will is to say who will get your property (land and personal possessions) when you die. If you are the sole guardian of a child or children, a will can be used to name a new guardian at the time of your death.

A will should also appoint an executor—a person who will ensure your debts are paid, your property is protected and your wishes are carried out.

Wills can be very complicated, but they can also be very simple.

First Steps

1. Make a list of your property (land, vehicles and other possessions).
2. Decide who you want as an executor of the will. You should also consider naming an alternate in case your first choice is unable to act as executor or complete the job.
3. Speak to a lawyer or get a self-help guide. A good one is the “Wills Guide for British Columbia” from the Self-Counsel Press. It is available at most Service BC (Government Agent) Offices and many bookstores and public libraries. The People’s Law School has an excellent online booklet at www.publiclegaled.bc.ca. Click on Publications”, and then “Writing Your Will”.

What happens next

Your will needs to be witnessed by two adults who are neither beneficiaries nor spouses of beneficiaries of your will. You need to store the original in a place where it will be safe. It is a good idea to let your executor know where you will be storing your will. You may also wish to give your executor a copy of it.

Finally, you should file a Wills Notice with the BC Vital Statistics Agency. The forms can be picked up at most Service BC (Government Agent) Offices or completed online at www.vs.gov.bc.ca. Click on “Application Forms”, scroll down to “Wills” and click on “Application for Filing a Wills Notice”. The fee is $17.00. When you die, your Executor is required to do a search for any Wills Notices in the Vital Statistics Registry. It speeds up the estate process if your Wills Notice is there.

Where to get help

See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:

• People’s Law School. See their publication “Writing Your Will”.
• Vital Statistics Agency.
• Legal Services Society Publications: “How to Make a Will and Settle an Estate: A Guide for First Nations People Living on Reserve”.
• Access Justice, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this Guide. Make sure you bring copies of all documents relating to your case.

The law about wills is somewhat different if you are a Registered Indian ordinarily resident on an Indian Reserve. You can write a holographic will (one that does not require witnesses), however this will may not be legal if you do not reside on reserve at the time of your death. There are also restrictions under the Indian Act about to whom you can leave your land on reserve. The procedure for probating a will or administering an estate is also different. An Indian and Northern Affairs Canada Estates Officer can provide information about estates on reserve. Toll Free: 1-888-917-9977.

Something which can be owned. See "chattels" and "real property."

Real property; a parcel of real property and the buildings upon it. See also "chattel," "ownership" and "possession."

The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."