Wills & Estates Law

Introduction

Estate planning in British Columbia presents unique challenges compared to other provinces in Canada. Probate fees in BC are among the highest in the country, and the statutory framework permits broad claims by spouses and children who believe they have not received adequate provision. These factors can create significant financial and emotional consequences for executors and beneficiaries alike. One estate planning strategy that has gained increasing attention is the use of multiple wills, drafted in a manner that limits fees and the application of BC probate law to certain assets. This article examines the multiple wills strategy, its benefits, practical considerations, and why it deserves careful consideration for those with assets in British Columbia.

What is the Multiple Wills Strategy?

A multiple wills strategy involves preparing two or more wills, with each will governing a distinct class of assets. For example, one will may govern assets located in British Columbia, while another may govern assets situated in Ontario, Alberta, or another jurisdiction. Another common approach is to distinguish between assets that require probate, such as real property registered in the Land Title Office or bank accounts, and those that do not, such as shares in a private corporation. By dividing property between separate wills, each executor is responsible only for the assets assigned under their will, and probate is required only for those assets that fall within the jurisdiction of the probated will. This reduces the value of property exposed to the probate regime of British Columbia and ensures that other assets are not unnecessarily subjected to it. To achieve this outcome, the wills must be drafted with precision so that they do not overlap, conflict, or inadvertently revoke one another.

What are the Benefits of the Multiple Wills Strategy?

The primary advantage of multiple wills in British Columbia is the reduction of probate fees and the more efficient administration of the estate. Probate fees are approximately 1.4 percent of the estate value above $50,000, with no upper cap. For example, a $2,000,000 estate would incur probate fees approaching $30,000. By contrast, Alberta caps probate fees at $525 regardless of the estate value. Through multiple wills, only BC based assets that require probate are subject to the BC regime, while other assets are governed separately. This not only reduces overall costs but can also streamline administration by assigning responsibility among executors, each dealing only with the assets within their authority.

Another advantage is the potential to reduce exposure to litigation under the Wills, Estates and Succession Act. In British Columbia, both spouses and children, whether adult or financially independent or not, may apply to vary a will on moral or legal grounds. The court has broad discretion to order what it considers adequate, just, and equitable provision. This is significantly more permissive than in jurisdictions such as Alberta, where independent adult children generally have no such right. By separating assets and situating certain property under wills governed by other jurisdictions, an individual may reduce the portion of their estate that is vulnerable to variation claims under BC law.

Practical Considerations

Despite the advantages, employing multiple wills requires meticulous drafting to avoid conflicts or unintended revocation. Notably, while probate fees may be reduced, income tax and creditor obligations remain unaffected, necessitating coordination between executors. Courts may also set aside or vary wills that fail to meet legal requirements. Unlike Ontario, where the use of multiple wills is well-established, their use in British Columbia has less longstanding recognition. However, the BC Supreme Court recognized their validity in Berkner (Estate), 2017 BCSC 619, and recently affirmed their use for distinct asset pools in Holmes v. Holmes, 2024 BCSC 737. Given the relatively novel application of this strategy in BC and its technical complexity, professional estate planning advice is strongly recommended.

Conclusion

Multiple wills are not suitable in every case, but for individuals with assets in British Columbia and other jurisdictions, or for those with significant private company interests, the strategy can offer real advantages. By reducing probate fees, limiting the scope of will variation claims, and streamlining administration, multiple wills help preserve estate value and ease the burden on executors. Because the approach is technical and jurisdiction-specific, it is essential to obtain guidance from experienced estate planning counsel. When carefully structured, multiple wills can serve as a powerful and practical tool within a well-designed estate plan, ensuring that more of an individual’s legacy passes as intended.

A Cautionary Note

This article provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.