21 Mar Why You Should Use a Lawyer to Draft Your Will in BC
Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you pass away. With the rise of online will-drafting platforms, it may be tempting to opt for a quick and inexpensive digital solution. However, while online templates might seem convenient, they often come with significant risks, especially under British Columbia’s estate laws.
Here’s why working with an experienced estate planning lawyer is the best way to ensure your will is legally sound, customized, and enforceable.
- BC’s Unique Estate Laws Require Careful Navigation
Estate laws vary by province, and BC has specific rules under the Wills, Estates and Succession Act (WESA). A generic online will may not comply with BC’s requirements, leading to:
- Invalid wills due to improper signing or witnessing
- Unintended disinheritance of family members due to vague language
- Legal disputes that could delay or complicate estate administration
A lawyer ensures your will complies with the formality requirements under WESA, identifies risks associated with various decisions such as making unequal provision for your children and protects your estate from unnecessary legal challenges.
- Online Wills Can’t Address Complex Family Situations
Online will platforms use one-size-fits-all templates that may not account for blended families, minor children, dependents with disabilities, or estranged relatives. If your family situation is anything but straightforward, a generic will could fail to distribute your assets as intended.
A lawyer can:
- Make recommendations and outline options for providing for stepchildren or blended family members
- Set up trusts for minor children or dependents with special needs
- Minimize the risk of family disputes over inheritance
- Lawyers Help Minimize Probate Costs and Taxes
Many people don’t realize that a well-crafted estate plan can reduce taxes and probate fees in BC. Lawyers can incorporate strategies like:
- Joint ownership arrangements to avoid probate on certain assets
- Trusts to protect assets from unnecessary taxation
- Charitable donations to optimize tax benefits
Online platforms do not provide personalized tax or probate planning, potentially leaving your heirs with avoidable financial burdens.
- Online Wills Can’t Advise You on Powers of Attorney or Representation Agreements
A will only takes effect after death, but what happens if you become incapacitated due to illness or injury? Many people assume a will is enough, but in BC, you should also consider:
- A Power of Attorney (to appoint someone to manage your finances if you are unable to do so)
- A Representation Agreement (to appoint someone to make medical decisions for you if you are unable to do so)
Lawyers provide comprehensive estate planning to ensure both your life and legacy are properly protected.
- A Lawyer Can Help You Keep Your Will Updated
Life circumstances change—marriage, divorce, new children, financial shifts, and family disputes can all impact your estate plan. While online platforms don’t offer ongoing legal advice, a lawyer:
- Reviews and updates your will as needed
- Ensures changes comply with BC law
- Helps you avoid accidental revocation or conflicts
- Cost vs. Value: A Lawyer Protects Your Legacy
While online wills may seem cost-effective upfront, they often lead to expensive legal disputes or estate complications later. A lawyer ensures your will:
- Accurately reflects your wishes
- Reduces the risk of challenges in court
- Saves your family time, money, and stress
Protect Your Legacy—Work With an experienced Estate Planning Lawyer
Your will is more than just a document—it’s a critical plan to protect your loved ones and your assets. At Sitka Law Group, we provide personalized estate planning tailored to BC laws, giving you peace of mind that your legacy is secure.
Contact us today to book a consultation. We’re conveniently located on Shelbourne Street, near the intersection of Victoria, Oak Bay, and Saanich.
This article is current as of March 21, 2025, and it is intended for general information purposes only. It is not intended to provide legal advice and should not be considered legal advice. Readers with concerns about how this affects particular situations or transactions should obtain the independent review and advice of legal counsel.