Wills and Estate Planning in BC: Wills, POA and Probate

Choose your next step

Make a will

The Simple Paper Will is for a narrow first-will situation. If you have a spouse, children, dependants, an earlier will or a complex estate, speak with a lawyer instead.

• Start the Simple Paper Will preview
• Find a local wills lawyer

Plan for incapacity

An enduring power of attorney concerns financial and legal matters. A representation agreement is separate and can cover health or personal care.

• Open the free official BC enduring POA resource
• Review BC’s incapacity-planning options

Handle an estate after a death

Start with the free checklist. If someone needs proof of authority or there is no will, ask a local estates lawyer which grant, if any, is needed.

• Use the free After a Death checklist
• Find a local probate lawyer

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• Delta estate lawyers
• Vancouver estate lawyers
• Find estate help in another BC city

Make or update a will in BC

BC law recognizes both paper and qualifying electronic wills, with signing and witnessing requirements. Our Simple Paper Will preview is a paper-only product for a limited first-will situation; it does not sign or witness your will. Review your existing arrangements with a lawyer if your family, assets or wishes have changed.

Understand incapacity planning

An enduring power of attorney can let someone act on financial and legal matters if you become incapable, within the powers the document gives them. It does not appoint someone to make health-care decisions. Check the Province’s instructions and ask a professional about signing requirements or a representation agreement when needed.

Find out whether probate is needed

Not every estate needs probate. Ask the relevant institutions what proof of authority they require. If there is no will or the named executor cannot act, ask an estates lawyer whether a grant of administration or another route applies.

BC probate fees: worked examples

For a grant subject to the Probate Fee Act, use the gross value of the estate property counted under that Act, not a blanket net-after-debts figure or the value of everything the person owned. If you are unsure which assets count, check before relying on an estimate.

There is no statutory probate fee at or below $25,000. Above that, the fee is $6 per $1,000 or part of $1,000 in the band up to $50,000, plus $14 per $1,000 or part of $1,000 over $50,000.

$25,001 in eligible estate value: $6. The extra dollar starts a $1,000 increment.

$300,000 in eligible estate value: $3,650 ($150 for the first charged band plus $3,500 above $50,000).

$500,000 in eligible estate value: $6,450 ($150 for the first charged band plus $6,300 above $50,000).

These are statutory probate fees only. Budget for any separate court filing fees, lawyer fees, taxes and other expenses that apply.