Many British Columbians assume that simply having a will protects their family from legal headaches and expenses after they pass away. A common question is: “If I have a will, my family avoids probate, right?”
Not necessarily. In BC, having a will does not automatically exempt your estate from probate or the provincial fees that come with it. What a good will and good planning can do is reduce the cost and difficulty for the people you leave behind. Here is how wills and probate relate, and what each really costs. Read below to find out what Probate vs Will
What is the Difference Between a Will and Probate in BC?
The two are different stages of the same process.
What is a will?
A will is a legal document you sign while you have capacity. It says who inherits your assets, who will manage your estate (your executor), and who will care for your minor children (your guardians). A will does not by itself transfer your bank accounts or the title to your home. It tells people what you want done.
What is probate?
Probate is the court process where the Supreme Court of British Columbia confirms that your will is valid and gives your executor the legal authority to act. The result is the Grant of Probate. Until it is issued, financial institutions and the Land Title Office will often refuse to take instructions from your executor.
Do All Wills Go Through Probate in BC?
No. Whether probate is needed depends on what you own and how it is held, not on whether you have a will. Probate is usually required if you die owning:
- Real estate in your sole name, or as a tenant in common.
- Bank or investment accounts in your sole name with a significant balance. Each institution sets its own threshold.
If your Surrey home is only in your name, your executor will need probate to transfer or sell it, whatever your will says.
What Does Probate Cost in BC?
The government charges a probate fee on the gross value of the estate’s BC assets, plus a $200 court filing fee for estates over $25,000.
- First $25,000: no fee.
- $25,000 to $50,000: $6 per $1,000 (0.6%).
- Over $50,000: $14 per $1,000 (1.4%).
For example, a $1.5 million estate pays about $20,450 in probate fees, plus the $200 filing fee. For a full worked example, see our guide to how much probate costs in BC. If your executor is thinking of handling the application without a lawyer, our article on whether you need a lawyer for probate in BC explains the risks.
How Good Planning Can Reduce Probate Fees
A will on its own does not reduce probate fees. What reduces them is how your assets are held and who is named on them. A lawyer can review these with you as part of your estate plan.
1. Named beneficiaries
RRSPs, RRIFs, TFSAs and life insurance can name a beneficiary other than your estate. Those funds pass directly to that person and are not subject to probate fees. The designations need to line up with your will, so they should be reviewed regularly.
2. Joint tenancy for real estate
If you own your home as a joint tenant with your spouse, it passes to the survivor automatically and does not form part of the probatable estate. Be careful about adding an adult child to title to save probate fees. It can create tax consequences, expose the home to the child’s creditors and cause family disputes, so get advice first.
3. Clear drafting
Vague wording, contradictory clauses or a missing backup executor can force your family into court for directions. A precisely drafted will helps avoid that cost.
The Risks of a Poorly Prepared Will
Online templates can work for very simple situations, but errors in wording or signing can be expensive to fix. Under WESA, a will generally has to be signed in front of two witnesses who are present at the same time, and a gift to a witness (or the witness’s spouse) can be void, so beneficiaries should not witness it. If a will is defective, the court can sometimes cure it, but only through a court application, which costs the estate time and legal fees. For a closer comparison, see our last will and testament page.
Fixed-Fee Estate Planning in Surrey
At Cube Law Corporation, we offer fixed-fee wills and estate planning for straightforward estates. You receive a written quote that sets out what is included, so the cost is known before you start. Government fees, disbursements and taxes are separate, and if your situation is more complex than quoted, we tell you in writing before anything changes.
Frequently Asked Questions
If I have a will, does my estate avoid probate?
No. Probate depends on what you own and how it is held. A will alone does not avoid it.
Is a will the same as probate?
No. A will states your wishes. Probate is the court process that confirms the will and authorizes your executor to act.
How much is probate in BC for a $1 million estate?
About $13,450 in probate fees plus the $200 court filing fee, so about $13,650 in total.
Talk to a Surrey Wills and Estate Lawyer
If you want a will that works the way you intend, get a fixed-fee wills quote, or learn more about our wills and estate planning services.