Wills & Estate Planning

Do Wills Need to Be Notarized in British Columbia?

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Many people contact our office asking if their Will needs to be notarized to be valid in British Columbia. The answer is no. Under the Wills, Estates and Succession Act (WESA), a Will does not need notarization. What matters is that the Will is properly signed and witnessed according to the rules set out in the legislation 

What Makes a Will Valid in BC?

For a Will to be legally valid in British Columbia, it must meet these requirements:

  • The Will must be in writing.
  • The Will must be signed at the end by the will-maker.
  • The will-maker’s signature must be witnessed by two individuals who are present together at the same time.
  • The witnesses must also sign the Will in the presence of the will-maker and of each other.
  • Witnesses should be adults who are not beneficiaries under the Will or spouses of beneficiaries.

Once these steps are followed, the Will is legally valid in British Columbia. No notarization is required.

Why Notarizing a Will Can Be Misleading

Sometimes clients ask us to notarize a Will they drafted themselves. Notarizing a Will can create confusion because it may give the impression that:

  • The Will has been reviewed by a legal professional, and
  • The Will is legally sound and suitable for the person’s estate plan.

In reality, notarization only confirms identity and signature. It does not confirm that the Will meets the requirements of WESA or that it properly carries out your wishes. When we provide notarization services, we do not give legal advice or review the contents of the Will. If a notary witnesses your Will, it could wrongly suggest that the document has been legally reviewed or approved.

Why Professional Estate Planning Matters

A Will is one of the most important legal documents you will ever make. Small mistakes in wording, signing, or witnessing can cause serious problems later. These problems may include disputes among family members, unnecessary costs, or delays in the probate process. By having your Will prepared or reviewed by a qualified legal professional, you can ensure that:

  • Your wishes are expressed clearly and legally,
  • The document complies with WESA, and
  • Your loved ones will face fewer complications when settling your estate.

Final Thoughts

In summary, a Will does not need to be notarized in British Columbia. It only needs to be signed and properly witnessed under the rules of WESA. However, having your Will professionally prepared or reviewed is the best way to make sure it works as intended.

If you need help preparing or updating your Will, our office is here to provide estate planning services tailored to your situation. Contact us today to ensure your Will gives you and your family peace of mind.

A Costly Surprise for Foreign National Property Owners in BC

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A lovely couple in their 70s recently came to us for Will and estate planning services. They had been permanent residents of Canada about 20 years ago but later relinquished their status when they could no longer meet the residency requirements. Today, they are non-residents for tax purposes.

Two decades ago, they purchased a rental property in BC for $300,000. That same property is now worth approximately $1,800,000. They hold title as joint tenants, which generally means that when one owner passes away, the surviving owner automatically becomes the sole owner of the property through the right of survivorship.

However, they were unaware of a critical exception. The usual property transfer tax exemption on a transfer between joint tenants at death is not available to foreign nationals. Under the Property Transfer Tax Act, the definition of a “foreign national” is taken from the Immigration and Refugee Protection Act. This means a person who is not a Canadian citizen or a permanent resident.

For our clients, this meant that if one of them were to pass away, half of the property’s value (around $900,000) would be subject to the 20% Additional Property Transfer Tax, which is commonly known as the “foreign buyer tax.” That would result in an extra $180,000 payable to the province simply because they are no longer permanent residents.

This revelation was shocking enough. The situation was made worse by the fact that they are sitting on a substantial unrealized capital gain. Generally, the spousal rollover provision that allows property to transfer to a spouse at death without triggering immediate capital gains tax is not available for non-residents.

Given the significant potential tax burden, we immediately urged our clients to obtain detailed tax advice from a qualified accountant. We then worked closely with their accountant to develop a strategy that would:

  • Avoid triggering the Additional Property Transfer Tax
  • Minimize the income tax payable on the capital gain
  • Ensure their estate plan still reflected their testamentary wishes

This case is a strong reminder that tax residency status and property ownership structure can have profound and costly implications in estate planning, especially for non-residents.

Choosing the Right Executor for Your Will: What You Need to Know

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One of the most important decisions you’ll make when preparing your Will is choosing your executor. This person will be responsible for carrying out the instructions in your Will, managing your estate, and ensuring that your final wishes are respected. It’s a role that requires trust, responsibility, and attention to detail. Here's what to consider when deciding who should take on this vital task.

1. Trustworthiness is Key

Your executor will have access to your financial records, assets, and personal information. They’ll be tasked with distributing your estate according to your wishes. Choose someone who is honest, ethical, even-handed and capable of handling sensitive information discreetly.

2. Organizational and Financial Skills

The role of executor involves a significant amount of paperwork and coordination. Tasks include:

  • Locating, securing and managing assets
  • Paying debts and taxes
  • Filing final income tax returns
  • Distributing assets to beneficiaries

While they don't need to be a financial expert, some level of financial literacy is highly beneficial. Alternatively, they can work closely with professionals such as notaries, financial advisors or accountants.

3. Emotional Readiness

The executor will likely take on their duties during a time of grief. Consider whether the person you're choosing can remain level-headed and reliable during emotional circumstances. It’s often wise to avoid selecting someone who may be too emotionally impacted by your passing.

4. Willingness and Availability

Your executor must be willing to accept the role and have the time to perform their duties. Settling an estate can take at least a year —or possible several years—so avoid choosing someone whose personal or professional obligations might prevent them from following through.

5. Age and Longevity

Ideally, your executor should be younger than you or at least expected to outlive you. They should also be in good health and mentally capable of managing complex responsibilities when the time comes.

6. Location Considerations

While it's not mandatory for an executor to live in the same area or country, doing so can make the administration process smoother. Naming an executor who is not a Canadian citizen or permanent resident may trigger additional property transfer tax if you own any real estate. If the executor is a non-resident for income tax purposes, your estate will face some complicated and unnecessary income tax issues.

7. Family Dynamics

If you're considering a family member or one of the beneficiaries under your Will, think carefully about the dynamics among them. Naming one child over another can unintentionally cause friction. In blended families or contentious situations, a neutral third party may be a better choice.

8. Professional Executors

If no suitable person comes to mind, you can appoint a professional—such as a notary public, or a trust company. This can be especially useful for complex estates or where impartiality is needed.

9. Backup Executor

Always name one or more alternate executors in case your first choice is unable or unwilling to serve. Life circumstances change, and having a backup avoids unnecessary delays in administering your estate.

Final Thoughts

Choosing the right executor is not just about naming someone in your Will—it’s about ensuring your legacy is handled with care and your beneficiaries are treated fairly. Discuss the role with your chosen executor beforehand, and review your Will periodically to ensure your choice remains appropriate.

If you have questions about estate planning or would like to make a Will, we’re here to help.

Email us at general@compassnotary.com or call us at 604-256-8300 to schedule a consultation.

Let’s ensure your wishes are clear and your loved ones are protected.

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