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Making a Will in Burnaby, British Columbia

Last updated 2026-06 · British Columbia

Burnaby, British Columbia
Image: Wikipedia

Burnaby, with about 250,000 residents, anchors the eastern Metro Vancouver region. With high property values and many newcomer families, a will is the cleanest way to direct who gets what.

What a valid will requires in Burnaby

BC's Wills, Estates and Succession Act (WESA) governs every will made in Burnaby. A standard will must be in writing, signed at the end by you (or by another person at your direction in your presence), and witnessed by two adults present together. You must be 16 and have testamentary capacity. BC is one of the few provinces that recognizes fully electronic wills under WESA s.35.1 — but they still need two witnesses present by video link or in person. Holograph wills are not valid in BC.

Probate and cost in Burnaby

Burnaby estates are probated through the BC Supreme Court registry serving the region. BC's probate fee is roughly 0.6% on the first $25,000–$50,000 and 1.4% above, plus a $200 filing fee — about $13,650 on a $1,000,000 estate. Naming beneficiaries on RRSPs, TFSAs, and life insurance, plus joint tenancy where appropriate, can meaningfully reduce what passes through probate.

If you die without a will in Burnaby

BC's WESA intestacy formula gives a spouse the first $300,000 (or $150,000 if children are not also the spouse's) plus a share of the rest. Common-law partners who lived with you for at least two years count as a spouse under WESA — but the formula still rarely matches what most Burnaby couples would actually want. A will is the only way to be specific.

Getting started

For a simple estate, a reputable British Columbia online will signed with two witnesses (or, in Quebec, a notarial will) is often enough; for blended families, businesses, or larger estates, see a Burnaby estate lawyer. Pair your will with Powers of Attorney for Property and Personal Care.

Frequently asked questions

Are electronic wills legal in Burnaby? Yes — BC recognizes fully electronic wills under WESA, signed and witnessed by video. How much is probate in Burnaby? Roughly 1.4% above $50,000 — about $13,650 on a $1M estate, plus a $200 filing fee. Do common-law partners inherit in Burnaby? Yes, after living together for at least two years under WESA.

Not legal advice. General information about BC law as of 2026. Confirm specifics with a Burnaby estate lawyer.

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