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.