Many people treat a will like a fire extinguisher: they get one, tuck it away and hope never to think about it again. But a will is not a one-time task. Families, assets and sometimes the law change, and a will that made sense ten years ago can quietly stop matching your life.
If you already have a will, the important question is: when did you last review it? Here are five life events in BC that should trigger a review.
1. Marriage or a new common-law relationship
Starting a serious relationship is a major reason to revisit your will. In BC, getting married does not cancel an existing will, so an old will stays in force even if it ignores your new spouse. It may leave your spouse out, name the wrong executor, or divide assets in a way that no longer makes sense, which is especially important in second marriages and blended families.
Common-law relationships matter too. Under BC law, partners who have lived together in a marriage-like relationship for at least two years are treated as spouses for many estate purposes. If you are planning a marriage or moving in together, a prenuptial agreement or cohabitation agreement should be considered alongside your will.
2. Separation or divorce
Separation is one of the most important times to update a will, and it is easy to get wrong. Under section 56 of WESA, if you and your spouse cease to be spouses, any gift to the former spouse and any appointment of them as executor or trustee in your will is automatically revoked, unless the will says otherwise. The gift is treated as if your former spouse had died before you. That sounds protective, but it can produce results you did not intend. The gift may pass to someone else, or the people you named as backups may not be who you would choose today.
A couple ceases to be spouses under WESA when certain events occur under the Family Law Act, including a separation lasting two years, so you should not wait for a divorce judgment. Review your will, your power of attorney, your representation agreement, your beneficiary designations and any joint ownership as soon as the relationship ends.
3. Having children or grandchildren
Once you have children, your will is part of your plan for their care and financial protection. Most parents know a will should name a guardian. It should also answer:
- Who manages a child’s inheritance, and until what age?
- Should it be paid out at once or in stages?
- Can funds be used earlier for education, health or living costs?
- Who steps in if your first choice of guardian cannot act?
This matters because, as we explain in our guide to dying without a will in BC, a child who inherits with no trust in place receives the entire amount at 19. Grandchildren can also be a reason to review your will, for example to add gifts or education funds, or to ensure a child’s share passes to their own children if they die before you.
4. Major financial changes
A will that suited you when you had a chequing account and a condo may not work once you own a business, rental property or a larger estate. Common triggers include buying or selling a home, buying rental or recreational property, starting or selling a business, receiving an inheritance, or significant growth in investments.
If you own shares in a private company or a professional corporation, a generic will is rarely enough. You may need planning around who controls the business, how shares transfer, and whether your executor is the right person to handle it. Estate size also affects probate fees. See how much probate costs in BC.
5. Your executor or beneficiaries can no longer act
Your executor deals with banks, applies for probate, pays debts and taxes, and distributes the estate. Review your will if your executor has died, is ill, lives far away, is in conflict with key beneficiaries, is no longer someone you trust, or was a spouse or partner you are no longer with. The same applies to beneficiaries who have died, become estranged, or are now financially vulnerable.
Other signs your will needs a review
Even with no major event, a review every three to five years is sensible. Other warning signs include a will signed before you bought your current home, one that refers to children who are now adults, one that lists assets you no longer own, or one you cannot remember the contents of.
Updating your will in Surrey
Many people put off updating a will because they expect an open-ended legal bill. At Cube Law Corporation, we offer fixed-fee wills and estate planning for straightforward matters, with a written quote that sets out what is included. Government fees, disbursements and taxes are separate, and if your situation is more complex than quoted, we tell you in writing before anything changes. You can also read about our last will and testament service.
Frequently Asked Questions
Does getting married cancel my will in BC?
No. In BC a will is no longer revoked by a later marriage, so you should review it yourself.
Does separation or divorce cancel my will?
Not the whole will. Under WESA, gifts to a former spouse and their appointment as executor are revoked unless the will says otherwise, but the rest stays in force.
How often should I review my will?
Every three to five years, and whenever a major life event occurs.
Talk to a Surrey Wills Lawyer
If your life has changed since you signed your will, get a fixed-fee wills quote from Cube Law.