CBM Associate, Janice Papp, discusses what makes a will valid. Learn more by visiting CBMlawyers.com.  

Most of my clients understand the importance of having a will and what actually makes that will valid in B.C.   

For a will to be valid, it must meet certain requirements set out in the wills, estates and succession out of our province. First, it must be in writing. Secondly, it must be signed by the word maker at the end of the document. Third, the will maker's signature must be properly witnessed by at least two witnesses. Those witnesses must actually be present at the same time and also present at the time the will maker signs. The will maker  must be at least 16 years of age and the witnesses must be at least 19 years old.   

What happens in the event a will doesn't meet all the requirements to set out in the legislation? That will might be cured by way of a court order, and that simply means that the court can uphold the entire will or possibly only portions of it. I have to stress that curing of a will is more of an exception than the rule.   

This is why it's so important that if a client is considering preparing a will, that they speak to a lawyer about doing it on their behalf. This not only gives the client peace of mind that the will will meet all the formalities are set out in the legislation, but also that there's less likelihood that the will will be challenged down the road.    

Learn more about our Wills, Estates and Trusts division