BC Estate Litigation: Can Underage Minors Make A Will?
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.
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