Free guide: BC

Wills & Power of Attorney: British Columbia

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.

Part 1: Will

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)).

Part 2: Power of Attorney for Property

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

Part 3: Personal-Care / Health-Care Directive

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 →

When to see a lawyer in British Columbia

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.

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.

Common questions: British Columbia

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?

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

Last updated: June 2026

Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer