DIY Wills vs Lawyer-Drafted Wills: Why Cutting Corners Can Backfire in British Columbia

Preparing a will is one of those tasks many people know they should do, but often put off until later. Thanks to inexpensive online will kits, it’s tempting to think you can draft a will yourself and save a few hundred or thousand dollars. But in British Columbia, relying on DIY wills can create serious legal problems that ultimately cost your loved ones far more than the few dollars you saved.

Valid Wills in BC

Under section 37(1) the Wills, Estates and Succession Act (WESA), a will in BC must meet certain formal requirements to be considered valid:

  1. Written Document: Your will must be in writing. While both typed and handwritten wills are allowed, a typed will is generally easier to read and enforce.
  2. Signature: You must sign the will at the end, confirming that it reflects your wishes.
  3. Witnesses: Two witnesses must sign the will in your presence. These witnesses cannot be beneficiaries under the will.
  4. Capacity: You must be at least 16 years old and mentally capable of understanding the nature and effect of your will.

Even if a will satisfies section 37’s formal requirements, it can still be challenged in court under other parts of WESA. This is another reason why DIY wills are risky for anything beyond the simplest estates.

Under section 60, a spouse or child can apply to the court to vary a will if it doesn’t make adequate, just and equitable provision for their proper maintenance and support. (Tataryn v. Tataryn Estate, 1994 CanLII 51 (SCC), [1994] 2 SCR 807) This means even a properly signed will can be subject to court intervention if it leaves out a spouse or child without appropriate provision.

WESA’s section 52 also addresses undue influence. If it appears a beneficiary or another person exerted pressure on the will‑maker, BC courts may presume undue influence which shifts the burden to the person defending the will to show the will reflects the testator’s true wishes.

Section 58 of WESA is sometimes called the curative provision. Before WESA, if a will didn’t satisfy the formal rules, courts had no discretion and the will was simply invalid. Under section 58, the court now has the power to declare that a document that doesn’t comply with formal requirements still represents the deceased’s testamentary intentions and make it fully effective.

That sounds forgiving, but it’s important to understand that section 58 is not a safety net for sloppy planning. It is only to be used in exceptional circumstances. For a court to exercise its curative powers, the applicant must prove that the document actually reflects the deceased’s fixed and final testamentary intentions.

In Estate of Young, 2015 BCSC 182 at para 34, Madam Justice Dickson articulates that in a section 58 application, the court must answer two questions:

  1. Is the document authentic?
  2. Does the non-compliant document represents the deceased’s testamentary intentions?

DIY Wills

It’s easy to see the appeal of DIY wills. Online templates and will kits are marketed as quick, affordable solutions. They promise that anyone can create a legally binding will in a few clicks, without having to consult a lawyer. For very simple estates, such as having a single bank account or a few personal belongings, these tools can work if used correctly.

But the truth is, most estates are rarely that simple. Family dynamics, property ownership, and unexpected life events can make estate planning far more complicated than a fill-in-the-blank template can handle.

Here are some common pitfalls that can make DIY wills risky in BC:

  • Technical Mistakes: missing a signature, incorrect witnessing, or failing to properly date your will can render it legally ineffective. If this happens, your estate may fall under BC’s intestacy rules, which distribute assets according to law rather than your wishes.
  • Vague Language: simple phrases like “all my belongings” or “my savings account” can be interpreted in different ways. Without precise legal language, your intentions may be misunderstood, opening the door to legal challenges.
  • Legal Obligations: BC law allows certain family members to contest a will if they feel inadequately provided for. DIY templates don’t provide guidance on how to structure your estate to minimize the risk of wills variation claims.
  • Complex Estates: if you have real estate, a business, multiple bank accounts, or assets in different jurisdictions, a DIY will is often insufficient. Lawyers consider tax implications, asset protection, and succession planning to create a comprehensive estate plan.
  • Executors: a poorly drafted will can leave executors unsure of their duties, leading to delays in probate or even mistakes that can cost the estate money. Clear, lawyer-drafted instructions ensure your executor can act efficiently and confidently.

Your will is more than a document, it’s a plan for your family’s future. While DIY options exist, they leave too much to chance. A lawyer-crafted will provides clarity, ensures compliance with BC law, and protects your loved ones from unnecessary stress and conflict.

By working with an experienced estate lawyer, you’re not just buying a piece of paper, you’re investing in peace of mind, legal certainty, and protection for the people you care about most.

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