How Old do you Need to be to Make a Will?

Can Minors Under 19 Make a Will in B.C.?

Wills are very important legal documents and somewhat surprisingly, many British Columbians die without having a will. While a lawyer is not required for the will-making process, hiring a lawyer can provide testators with a piece of mind that they are getting a binding and enforceable legal document. One of the questions that we often get asked at the Kushner Law Group is who can make a will.

The new Wills, Estates and Succession Act (“WESA”) changed the law in British Columbia with respect to who can make a will.

When can minors under the age of 19 make a will in BC?

Section 36 of WESA states that:

36  (1) A person who is 16 years of age or older and who is mentally capable of doing so may make a will.

(2) A will made by a person under 16 years of age is not valid.

This is significant because WESA now allows for minors, people under the legal age of majority (19), to make a will.  It should be noted however, that wills require the signature of two witnesses and the witnesses to a will must be 19 or older.

Related Information

• Challenging a Will in Vancouver? Four Facts You Should Know
• The Five W’s of Wills Variation in BC
• B.C. Estate Litigation: Hearing “Hearsay” Evidence
• Variation of Wills & Sibling Inequality: Fair & Unfair Wills

Contacting a Wills Variation & Estate Litigation Lawyer in Vancouver

If you have a question about disputing a will or need help with an estate issue, contact the Kushner Law Group at 604-629-0432 or contact us online to schedule a consultation.