What is the minimum age to make a will in British Columbia?

In British Columbia, the minimum age is 16. Age 16 (WESA s.36). BC has the lowest minimum will-making age in Canada. No formal exceptions below 16.

Is a handwritten (holograph) will valid in British Columbia?

NOT a standalone valid form in BC. A document that does not meet the 2-witness requirements may be admitted only via court curative power (s.58). It is not automatically valid. Use the proper 2-witness process or see a lawyer.

What is a power of attorney for property called in British Columbia?

In British Columbia it is called a "Enduring Power of Attorney". The person appointed is the attorney. Witnessing: 2 witnesses, OR 1 if the witness is a BC lawyer or BC notary public (s.16). Disqualified: the attorney, their spouse/child/parent/employee/agent, anyone under 19.

What is a personal-care directive called in British Columbia?

In British Columbia it is called a "Representation Agreement (s.7 standard or s.9 enhanced)". The person appointed is the representative. Witnessing: 2 witnesses, or 1 BC lawyer/notary; disqualified: the representative or alternate representative, and their spouse/child/parent/employee/agent.

What laws govern wills and powers of attorney in British Columbia?

In British Columbia, wills are governed by the Wills, Estates and Succession Act (WESA), S.B.C. 2009, c. 13, and powers of attorney for property by the Power of Attorney Act, R.S.B.C. 1996, c. 370, Part 2. Each section on this page links to the official source.

FREE GUIDE: BC

Wills & Power of Attorney: British Columbia

This page is the free British Columbia guide. No sign-in. Read on, or take the checklist as a PDF.

Facts checked September 2026 · See what changed · How we check

Province-specific rules for British Columbia: will requirements (age 16, no standalone holograph), and the Enduring Power of Attorney, and the Representation Agreement.

General information only, not legal advice. This guide creates no will, POA, or directive. Laws change; consult a lawyer and verify current rules directly with the official provincial source before acting.

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Part 1: Will
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Minimum age
16 years old
Age 16 (WESA s.36). BC has the lowest minimum will-making age in Canada. No formal exceptions below 16.
Witnesses required
Signed before 2 witnesses present at the same time; witnesses sign in the will-maker's presence (s.37). Electronic wills are permitted (s.37(3)-(4)).
Holograph (handwritten, no witnesses)
NOT VALID as standalone
NOT a standalone valid form in BC. A document that does not meet the 2-witness requirements may be admitted only via court curative power (s.58). It is not automatically valid. Use the proper 2-witness process or see a lawyer.
Curative power (court can fix a flawed will)
YES
Strong curative power (WESA s.58): courts can admit any document that reflects the deceased's testamentary intentions, even if it does not meet formal requirements.
Official source
Wills, Estates and Succession Act (WESA), S.B.C. 2009, c. 13
Never have a beneficiary witness your will
If a beneficiary or their spouse witnesses the will, the gift to them is void (s.43). The court has a saving power (s.43(4)).
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2
Part 2: Power of Attorney for Property
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Called in British Columbia
Enduring Power of Attorney
The person you appoint is called
attorney
Witnessing required
2 witnesses, OR 1 if the witness is a BC lawyer or BC notary public (s.16). Disqualified: the attorney, their spouse/child/parent/employee/agent, anyone under 19.
Enduring (survives incapacity)
Yes, survives incapacity (must be drafted as "enduring").
Can be made springing (contingent on incapacity)
Yes, can take effect only when a triggering event (such as incapacity certified by a doctor) occurs. Discuss with a lawyer.
Official source
Power of Attorney Act, R.S.B.C. 1996, c. 370, Part 2
Partner · Guidepost earns a commission
If you go the do-it-yourself route, a template service such as LawDepot's power of attorney walks you through the questions; the witnessing rules above still apply.
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3
Part 3: Personal-Care / Health-Care Directive
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Called in British Columbia
Representation Agreement (s.7 standard or s.9 enhanced)
The person you appoint is called
representative
Witnessing required
2 witnesses, or 1 BC lawyer/notary; disqualified: the representative or alternate representative, and their spouse/child/parent/employee/agent.
Official source
Representation Agreement Act, R.S.B.C. 1996, c. 405
British Columbia also has: Advance Directive
A separate, binding instrument (Health Care (Consent) and Care Facility (Admission) Act, Part 2.1, s.19.5): written, 2 witnesses or 1 lawyer/notary. An Advance Directive can operate without a representative and is binding on health-care providers. This is distinct from a Representation Agreement.
Official source →
Partner · Guidepost earns a commission
If you go the do-it-yourself route, a template service such as LawDepot's personal directive walks you through the questions; the witnessing rules above still apply.
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4
When to see a lawyer in British Columbia
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Making or updating a will: always recommended. A lawyer-drafted will is typically inexpensive relative to estate value.
Any power of attorney for property or personal-care directive, the person you appoint will have significant authority.
British Columbia: a handwritten (holograph) will is not automatically valid. Use the proper witnessed process.
Complex situations: business interests, cross-border assets, blended family, minor children, or capacity concerns.
Verify current rules with a lawyer, legislation changes and this guide may not reflect the most recent amendments.
Download the British Columbia checklist
All the instrument names, witnessing rules, and checklist items above in a branded PDF. Free. This checklist does not create any legal document.
Free. General information only, not legal or regulatory advice.
Keep it with the rest. This one files behind tab 7 of the Home File.
Next step
Executor Guide: British Columbia
Named as executor? Probate, CRA TX19, compensation.
When Someone Dies: British Columbia
Death Certificate, Service Canada, CRA: free checklist.
Where Everything Is: the non-legal companion to a will and powers of attorney →
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5
Common questions: British Columbia
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What is the minimum age to make a will in British Columbia?
In British Columbia, the minimum age is 16. Age 16 (WESA s.36). BC has the lowest minimum will-making age in Canada. No formal exceptions below 16.
Is a handwritten (holograph) will valid in British Columbia?
NOT a standalone valid form in BC. A document that does not meet the 2-witness requirements may be admitted only via court curative power (s.58). It is not automatically valid. Use the proper 2-witness process or see a lawyer.
What is a power of attorney for property called in British Columbia?
In British Columbia it is called a "Enduring Power of Attorney". The person appointed is the attorney. Witnessing: 2 witnesses, OR 1 if the witness is a BC lawyer or BC notary public (s.16). Disqualified: the attorney, their spouse/child/parent/employee/agent, anyone under 19.
What is a personal-care directive called in British Columbia?
In British Columbia it is called a "Representation Agreement (s.7 standard or s.9 enhanced)". The person appointed is the representative. Witnessing: 2 witnesses, or 1 BC lawyer/notary; disqualified: the representative or alternate representative, and their spouse/child/parent/employee/agent.
What laws govern wills and powers of attorney in British Columbia?
In British Columbia, wills are governed by the Wills, Estates and Succession Act (WESA), S.B.C. 2009, c. 13, and powers of attorney for property by the Power of Attorney Act, R.S.B.C. 1996, c. 370, Part 2. Each section on this page links to the official source.
Wills & POA guides for other provinces
ON: Ontario AB: Alberta SK: Saskatchewan MB: Manitoba QC: Quebec NB: New Brunswick NS: Nova Scotia PE: Prince Edward Island NL: Newfoundland & Labrador
Facts checked September 2026
Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer
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Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.