Are you concerned about the validity of a Will in BC? Here are the five formal requirements a Will must meet to be deemed valid according to the Wills Estates and Succession Act:

• The Will must be in writing.
• The Will must be signed by the testator or by another person in the testator’s name, in the testator’s presence, and by their direction.
• The testator’s signature must be made or acknowledged in the presence of two or more witnesses who are both present at the same time.
• The witnesses must sign the Will in the presence of the testator.
• The testator must be at least 19 years of age unless they are married or in the armed forces.

A Will that does not comply with these requirements is invalid unless a Court orders it effective by curing the deficiencies, or if it was made in accordance with other laws (outside of BC). Even if these requirements are met, the Will can be challenged if there are allegations of lack oftestamentary capacity or undue influence . In such cases, an executor must prove that the testator had the capacity to make the Will and was not under undue influence. If you are questioning the authenticity or binding nature of a Will in British Columbia (BC), you can formally challenge its validity. We can help challenge a Will’s validity or apply to Court to cure deficiencies in a Will.