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  • Sea to Sky Law

IS A WILL VALID IF NOT PROBATED?


Is a will valid if not probated?


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In BC, normally your Last Will & Testament is valid if it is a document you sign at the end with two adult witnesses. Your Will is valid upon being correctly made but it is not effective until your death because of course you could change it at any time before death. It is important to keep all Wills safe eg in plastic in a safe deposit box because they might be made decades before death. It is important to note that a Will gives no authority to anyone before death so everyone needs a Power of Attorney and other documents to address legal needs before death.


For example, you might not be able to make decisions about your care due to illness or injury thus you need someone to make medical and financial decisions for you and your Will gives no authority until after your death. In BC a Representation Agreement is a detailed care plan - see all the free info at www,nidus.ca. Upon death, your Will immediately gives your named Executor the power to represent you and your estate, without the need for probate. Probate is the process of asking the court to confirm that the Will presented is the Last Will of the Deceased.


Two common reasons to probate a Will are a dispute about which document is the Last valid Will or an asset holder wanting a court-certified copy of the Will before releasing the asset.


If anyone disagrees with the Will then the issue is not about validity but about the fairness of the Will eg one child gets less than the others.

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